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Sirota v. Sirota

Supreme Court, Appellate Term, Second Department
Mar 19, 1996
168 Misc. 2d 123 (N.Y. App. Term 1996)

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.


Summaries of

Sirota v. Sirota

Supreme Court, Appellate Term, Second Department
Mar 19, 1996
168 Misc. 2d 123 (N.Y. App. Term 1996)
Case details for

Sirota v. Sirota

Case Details

Full title:LOUIS SIROTA, Appellant, v. JONATHAN SIROTA et al., Respondents

Court:Supreme Court, Appellate Term, Second Department

Date published: Mar 19, 1996

Citations

168 Misc. 2d 123 (N.Y. App. Term 1996)
644 N.Y.S.2d 950

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