| Ashokan Servs., Inc. v Indus Realty Corp., Nyc Am. Mgt. Inc., Indus Ltd. Partnership, Nand Ltd. Partnership & Bawa Nand Mallick |
| Motion No: 2009-00507 KC 03-17-2009 |
| Slip Opinion No: 2009 NYSlipOp 70219(U) |
| Decided on April 14, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| ASHOKAN SERVICES, INC., Respondent, -against- INDUS REALTY CORPORATION, NYC AMERICAN MANAGEMENT INC., INDUS LIMITED PARTNERSHIP, NAND LIMITED PARTNERSHIP and BAWA NAND MALLICK, 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.