Kimso Apts., Inc. v Wanda Williams

Kimso Apts., Inc. v Wanda Williams

Motion No: 2008-01100 RIC

Slip Opinion No: 2008 NYSlipOp 80735(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. 2008-1100 RI C

KIMSO APARTMENTS, INC.,

Appellant,

-against-

WANDA WILLIAMS,

Respondent,

-and-

JAMES KOLLIE, JR.,

Tenant.

DECISION

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

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