| Daimlerchrysler Fin. Servs. Ams., L.L.C. v Sonia Adams & Brian Adams |
| Motion No: 2008-02294 SC |
| Slip Opinion No: 2009 NYSlipOp 63288(U) |
| Decided on February 5, 2009 |
| 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 10th JUDICIAL DISTRICTS
| DAIMLERCHRYSLER FINANCIAL SERVICES AMERICAS, LLC., Respondent, -against- SONIA ADAMS and BRIAN ADAMS, 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 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]). Appellants' remedy, if they be so advised, is to seek relief in the court below upon a written motion.