Sirota v. Sirota

Appellate Terms of the Supreme Court of New York

Sirota v. Sirota

168 Misc. 2d 123, 644 N.Y.S.2d 950, 1996 N.Y. Misc. LEXIS 227

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 19, 1996

StatusPublished

Cited by10 cases

This text of 168 Misc. 2d 123 (Sirota v. Sirota) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sirota v. Sirota, 168 Misc. 2d 123, 644 N.Y.S.2d 950, 1996 N.Y. Misc. LEXIS 227 (N.Y. Ct. App. 1996).

Pincite

Opinion

OPINION OF THE COURT

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.

[124]*124The 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.

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