| 1900 Hempstead Turnpike, LLC v Trades of Abes, Inc., Ebrahim Barakat & L I Dept. Store |
| Motion No: 2008-00957 NC |
| Slip Opinion No: 2008 NYSlipOp 76596(U) |
| Decided on June 30, 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 : 9th and 101th JUDICIAL DISTRICTS
| 1900 HEMPSTEAD TURNPIKE, LLC, Respondent, -against- TRADES OF ABES, INC., EBRAHIM BARAKAT and L I DEPARTMENT STORE, Appellants. |
DECISION
On the court's own motion, appeal is dismissed.
Since appellants submitted no papers in opposition to the motion of respondent giving rise to the judgment being appealed, the judgment 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]). Appellants' remedy, if they be so advised, is to seek relief in the court below upon a written motion.