| Queens Med. Supply, Inc. a/a/o Elane Byrd v Mta Long Is. Bus |
| Motion No: 2009-01708 KC 08-18-2009 |
| Slip Opinion No: 2009 NY Slip Op 83105(U) |
| Decided on September 11, 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
| QUEENS MEDICAL SUPPLY, INC. a/a/o ELANE BYRD, Appellant, -against- MTA LONG ISLAND BUS, Respondent. |
DECISION
On the court's own motion, the appeal is dismissed.
Since appellant 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]). Appellant's remedy, if it be so advised, is to seek relief in the Civil Court upon a written motion.