Juana E. Rodriguez & Ingrid Lemus v Mayra K. Cruz, Fernando O. Gautreaux & Ivenny Figueroa
Motion No: 2006-00617 QC 11-17-2006
Slip Opinion No: 2007 NYSlipOp 61043(U)
Decided on January 9, 2007
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ.

NO. 2006-617 Q C
JUANA E. RODRIGUEZ AND INGRID LEMUS,

Appellants,

-against-

MAYRA K. CRUZ, FERNANDO O. GAUTREAUX
AND IVENNY FIGUEROA,

Respondents.

DECISION

Motion by respondent Figueroa and cross motion by respondent Cruz to dismiss plaintiffs' appeal granted.

Where a party fails to submit written opposition, an order granting the motion is considered to have been entered on default and is not appealable, even if the party orally argued the motion (Smith-Reyes v Moreland, 5 Misc 3d 132[A], 2004 NY Slip Op 51424[U] [App Term, 2d & 11th Jud Dists]).