Apex Chiropractic, P.C. a/a/o Antonio Vega v Mvaic

Apex Chiropractic, P.C. a/a/o Antonio Vega v Mvaic

Motion No: 2008-00817 KC

Slip Opinion No: 2008 NYSlipOp 80730(U)

Decided on July 16, 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 : RIOS, J.P., PESCE and GOLIA, JJ.

NO. 2008-817 K C

APEX CHIROPRACTIC, P.C.
a/a/o ANTONIO VEGA,

Appellant,

-against-

MVAIC,

Respondent.

DECISION

Motion by respondent to dismiss the appeal is granted.

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]).