Bronze Acupuncture, P.C. As Assignee of Tiffany Griffin v Western Leasing, Inc.
Motion No: 2008-00743 QC
Slip Opinion No: 2008 NYSlipOp 75606(U)
Decided on June 18, 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 : 2nd and 11th JUDICIAL DISTRICTS


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


NO. 2008-743 Q C
BRONZE ACUPUNCTURE, P.C.
as assignee of TIFFANY GRIFFIN,

Respondent,

-against-


WESTERN LEASING, INC.,

Appellant.

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 it be so advised, is to seek relief in the court below upon a written motion.