| Department of Hous. Preserv. & Dev. of City of New York v Mercy Holding, LLC |
| Motion No: 2008-00026 KC |
| Slip Opinion No: 2008 NYSlipOp 64045(U) |
| Decided on February 7, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Respondent, -against- MERCY HOLDING, LLC, Appellant, -and- JOHN TSEVDOS and AMIN LEE, Defendants. |
DECISION
On the court's own motion, appeal dismissed.
Since appellant submitted no papers in opposition to the motion of respondent 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]). Appellant's remedy, if it be so advised, is to seek relief in the court below upon a written motion.