Sirota v. Sirota
| Decision Date | 19 March 1996 |
| Citation | 644 N.Y.S.2d 950,168 Misc.2d 123 |
| Parties | Louis SIROTA, Appellant, v. Jonathan SIROTA et al., Respondents. |
| Court | New York Supreme Court — Appellate Term |
Schaeffer & Zapson, New York City (Michael G. Zapson, of counsel), for appellant.
Genovesi, Berman & Genovesi, Brooklyn (Carl J. Landicino, of counsel), for respondents.
Before KASSOFF, P.J., and SCHOLNICK and CHETTA, JJ.
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, N.Y. 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.
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