Opinion
Motion No. 2023-00320 WC
05-31-2024
Rolando M. Rosales and Ricardo Cerna, Respondents, v. Juan G. Cardenas Cansino and Eloy Cardenas, Appellants.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P., JAMES P. McCORMACK, ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
Motion by appellants to vacate an order of this court dated October 16, 2023, which dismissed an appeal from a final judgment of the City Court of White Plains, Westchester County, entered on March 27, 2023, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
The notice of appeal fails to properly designate the court to which the appeal is taken (see CPLR 5515 [1]). Appellants' remedy, if they be so advised, is to move in the City Court to amend the notice of appeal to state that the appeal is taken to the Appellate Term for the Ninth and Tenth Judicial Districts. The appeal cannot be placed on this court's general calendar until such amendment is made.