Opinion
September 26, 1980
Appeal from the Monroe County Court.
Present — Simons, J.P., Hancock, Jr., Schnepp, Doerr and Witmer, JJ.
Order unanimously vacated, without costs, in accordance with the following memorandum: For lack of jurisdiction County Court erred in entertaining defendant's motion to vacate the default judgment entered in City Court. The fact that a transcript of the judgment had been filed with the County Clerk for enforcement purposes did not make it a County Court judgment. Thus, a motion to vacate the judgment must be made to the court that rendered it (CPLR 5015, subd [a]; Brenner v. Arterial Plaza, 29 A.D.2d 815; Weichert v. Kirnie, 16 A.D.2d 744; Matter of Voccola v. Shilling, 88 Misc.2d 103, 105-109, affd 57 A.D.2d 931; Siegel, N.Y. Practice, § 422, p 562). Since a motion to vacate a judgment entered without jurisdiction may be made at any time to the court which rendered it, the vacatur of the order appealed from is without prejudice to defendant renewing his motion in City Court. Plaintiff is stayed for a period of 20 days from proceeding to enforce the judgment.