| Menorah Home & Hosp. for Aged & Infirm v Laurie Shannon Delduca |
| Motion No: 2009-00538 KC |
| Slip Opinion No: 2009 NY Slip Op 70782(U) |
| Decided on April 22, 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
| MENORAH HOME AND HOSPITAL FOR THE AGED AND INFIRM, Appellant, -against- LAURIE SHANNON DELDUCA, Respondent. |
DECISION On the court's own motion, the appeal is dismissed.
Since appellant submitted no timely 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]). Appellant's remedy, if it be so advised, is to seek relief in the court below upon a written motion.