| Citibank (south Dakota) N.A. v Jeffrey Z. Bender |
| Motion No: 2009-01593 SC |
| Slip Opinion No: 2009 NY Slip Op 82231(U) |
| Decided on August 28, 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
| CITIBANK (SOUTH DAKOTA) N.A., Respondent, -against- JEFFREY Z. BENDER, Appellant. |
On the court's own motion, appellant's appeal from the order of the District Court of Suffolk County, Fourth District (Kevin J. Crowley, J.), dated May 11, 2009, is dismissed.
Since appellant submitted no papers in opposition to the motion of respondent giving rise to the order from which the appeal was taken, 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 he be so advised, is to seek relief in the District Court upon a written motion.