Opinion
September 28, 1949.
Motion by appellant to amend notice of appeal. Appellant is the insurance carrier for Mildred Imperial, the employer of claimant's deceased husband. The compensation board made an award against the employer and the carrier. By inadvertence the notice of appeal from the award stated that the carrier appealed, but omitted to state the employer appealed. The motion is to amend the notice to correct this omission. The amendment sought is not within the scope of section 107 of the Civil Practice Act or its ancillaries, sections 105 and 109. The amendment would operate to take an appeal for a party who has not appealed. Jurisdiction to correct mistakes or relieve inadvertence does not go as far as this. The power of the court to allow an amendment of this sort was denied by the Special Term in Kaumagraph Co. v. Stampagraph Co. (184 N.Y.S. 321), a decision which was not reviewed or considered in the appeal from the judgment in that case in 197 Appellate Division 66 and 235 New York 1. A motion to amend a notice of appeal taken by an administratrix to describe appellant as appealing individually was denied in Matter of Reid ( 272 App. Div. 912). The situation is somewhat analogous to the motion for substitution of another order for the order appealed from by amendment to the notice of appeal, which was denied in Griffin-White Shoe Co. v. Alexanderson ( 228 App. Div. 794). Matters of substance relating to the appeal are jurisdictional and distinguished from mere misdescription, for which compare Meredith v. First Trust Co. of Albany ( 260 App. Div. 517) and Monaco v. Lange ( 146 App. Div. 18). Motion denied. Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ., concur.