Opinion
Motion No: 2015-01632 QC
01-11-2017
Sherwood, LLC, Respondent, v. Rosendo Fermin, Occupant, and Joshua Fermin, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant pro se for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 26, 2015. By decision and order on motion of this court dated July 8, 2016, the appeal was stricken from this court's appeals calendar and general calendar for lack of jurisdiction, as appellant had taken his appeal to the Appellate Term, First Department, and appellant was advised that his remedy was to move in the Civil Court to amend the notice of appeal. Appellant thereafter filed an amended notice of appeal without having obtained leave from the Civil Court to do so.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed for lack of jurisdiction.
Appellant's remedy, if he be so advised, is to move in the Civil Court for an order allowing him to amend the notice of appeal (see El Dorado Aluminium Prods, Inc. v Jeros, 15 AD2d 781 [1962]; Kalish v Belmont Motors, 280 App Div 824 [1952]).
ENTER:
Paul Kenny
Chief Clerk