Angel Sanchez v B. Reitman Blacktop, Inc.

Angel Sanchez v B. Reitman Blacktop, Inc.

Motion No: 2007-01794 SC

Slip Opinion No: 2008 NYSlipOp 62590(U)

Decided on January 17, 2008

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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.

NO. 2007-1794 S C

ANGEL SANCHEZ,

Appellant,

-against-

B. REITMAN BLACKTOP, INC.,

Respondent.

DECISION

On the court's own motion, appeal dismissed.

Since claimant submitted no papers in opposition to the motion of defendant giving rise to the order being appealed, the order is deemed entered on default and is not appealable (Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Claimant's remedy, if she be so advised, is to seek relief in the court below upon a written motion.