Leonora Natale v John Ritter
Motion No: 2008-01173 NC
Slip Opinion No: 2008 NYSlipOp 78424(U)
Decided on July 21, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

NO. 2008-1173 N C
LEONORA NATALE,

Appellant,

-against-

JOHN RITTER,

Respondent,
-and-

MICHAEL WALSH,

Respondent.

DECISION

On the court's own motion, appeal is dismissed.

Since appellant submitted no papers in opposition to the motion of respondents 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. .