| Carol Frey v Luigi Mula |
| Motion No: 2008-00284 QC |
| Slip Opinion No: 2008 NYSlipOp 68714(U) |
| Decided on April 2, 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
| CAROL FREY, Appellant, -against- LUIGI MULA, Respondent. |
DECISION On the court's own motion, appeal is 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 2004]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Appellant's remedy, if she be so advised, is to seek relief in the court below upon a written motion.
Motion by respondent to dismiss appeal for failure to prosecute is denied as moot.