Majority
p. 123[644 NYS2d 950] Louis Sirota, Appellant, v Jonathan Sirota et al., Respondents. Supreme Court, Appellate Term, Second Department, March 19, 1996
APPEARANCES OF COUNSEL
Schaeffer & Zapson, New York City (Michael G. Zapson of counsel), for appellant. Genovesi, Berman & Genovesi, Brooklyn (Carl J. Landicino of counsel), for respondents.
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.
p. 124
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.