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KOZEL v. KOZEL

350045/15-258.

161 A.D.3d 699 (2018)

78 N.Y.S.3d 317

2018 NY Slip Op 03906

Ashley Kozel, Respondent, v. Todd Kozel, Defendant. Inga Kozel, Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2018.

Nonparty witness Inga Kozel filed her notice of appeal after she initiated a removal proceeding to federal court. As such, the notice was filed at a time when the IAS court lacked jurisdiction, and thus the notice was void ab initio (see 28 USC § 1446 [d]; Holmes v AC & S, Inc., 388 F.Supp.2d 663, 667 [ED Va 2004]). After the matter was remanded, Inga had sufficient time to file a notice of appeal, which she...

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