Ford Motor Credit Co. LLC v Shelia Alston-brown & Renee Alston
Motion No: 2009-00585 KC
Slip Opinion No: 2009 NY Slip Op 73989(U)
Decided on May 27, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : WESTON, J.P., GOLIA and STEINHARDT, JJ.


NO. 2009-585 K C
FORD MOTOR CREDIT COMPANY LLC,

Appellant,

-against-

SHELIA ALSTON-BROWN and RENEE ALSTON,

Respondents.

DECISION

Motion by appellant for a stay is denied.

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

Since appellant submitted no papers in opposition to the motions of respondent giving rise to the orders being appealed, the orders are deemed entered on default and are 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.