Opinion
March 19, 1996
Appeal from the Civil Court of the City of New York, Kings County, Reynold N. Mason, J.
Schaeffer Zapson, New York City (Michael G. Zapson of counsel), for appellant.
Genovesi, Berman Genovesi, Brooklyn (Carl J. Landicino of counsel), for respondents.
MEMORANDUM.
Order insofar as appealed from unanimously modified by striking the part thereof which transferred the proceedings to the Supreme Court, and, as so modified, affirmed without costs.
The Civil Court does not have the authority to transfer to the Supreme Court matters over which it has jurisdiction (see, NY Const, art VI, § 19). Applications for such relief should be made directly to the Supreme Court (see, CPLR 325). As to the counterclaims and affirmative defenses, we agree with the court below that there is no basis for the dismissal thereof.
KASSOFF, P.J., SCHOLNICK and CHETTA, JJ., concur.