South Nassau Orthopedic Surgery & Sports Medicine, P.C. a/a/o Jose Nieva v State Farm Ins. Co.

South Nassau Orthopedic Surgery & Sports Medicine, P.C. a/a/o Jose Nieva v State Farm Ins. Co.

Motion No: 2008-00826 QC 05-07-2008

Slip Opinion No: 2008 NYSlipOp 75614(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. 2008-826 Q C

SOUTH NASSAU ORTHOPEDIC SURGERY and
SPORTS MEDICINE, P.C. a/a/o JOSE NIEVA,

Appellant,

-against-

STATE FARM INSURANCE COMPANY,

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