USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED LINK FUNDING LLC, DOC # DATE FILED: 07/03/2024 Plaintiff, -against- 24 Civ. 5003 (AT) METRO AIR SERVICES INC., H & H AIR ORDER CARGO, INC., H & H AIR CARGO INC., METRO AIR SERVICES and APRIL SUE SCHNEIDER, Defendants. ANALISA TORRES, District Judge: On July 1, 2024, Defendants removed this action from the Supreme Court of the State of New York, Monroe County. ECF No. 1. A defendant in a state-court action may remove a matter to federal district court if the district court has original jurisdiction over the action.

(a). The right of removal is “entirely a creature of statute,” and the “statutory procedures for removal are to be strictly construed.” Syngenta Crop Protection, Inc. v. Henson,

(2002). A federal district court may sua sponte remand an action within thirty days of the filing of the notice of removal for a procedural defect, or at any time for a lack of subject matter jurisdiction. See

(c); Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth.,

(2d Cir. 2006). Removal of this case is improper. Under

(a), removal of a state court action must be “to the district court of the United States for the district and division embracing the place where such action is pending.” Removal of an action from the Supreme Court of the State of New York, Monroe County, to the Southern District of New York is improper because Monroe County 1s in the Western District of New York. See

(d). This action is REMANDED to the Supreme Court of the State of New York, Monroe County. The Clerk of Court is directed to send a copy of this order to that court and to close this case. SO ORDERED. Dated: July 3, 2024 New York, New York ———"xNALISA TORRES United States District Judge