SYRETT v. GATEWAY RESIDENTIAL MANAGEMENT LLC (2023)

Supreme Court, Appellate Term, New York,

Alicia SYRETT and James Major, Plaintiffs-Appellants, v. GATEWAY RESIDENTIAL MANAGEMENT LLC, Marina Towers Associates, L.P., Defendants-Respondents.

570668 /23

Decided: October 16, 2023

PRESENT: Brigantti, J.P., Tisch, Michael, JJ.

Order (Jose A. Padilla, Jr., J.), entered April 28, 2023, reversed, with $10 costs, and matter restored to the self-represented litigants (SRL) Part 11 calendar. Appeal from order (Jose A. Padilla, Jr., J.), entered November 17, 2022, dismissed, without costs, as nonappealable and academic.

Civil Court erred when it transferred this plenary action from the self-represented litigants (SRL) part of the Civil Court - a part devoted to cases where “any of the parties is self-represented” (Civ Ct of City of NY, Directive & Pro 161 [eff Sept. 9, 2002] [DRP-161]), to a general calendar part, since it is undisputed that, at a minimum, plaintiff Alicia Syrett was unrepresented and appeared pro se.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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