| Great Seneca Fin. Corp. v Elizabeth Schneider |
| Motion No: 2009-01807 NC |
| Slip Opinion No: 2009 NY Slip Op 83941(U) |
| Decided on September 21, 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
| GREAT SENECA FINANCIAL CORP., Appellant, -against- ELIZABETH SCHNEIDER, Respondent. |
DECISION
On the court's own motion, the appeal from the order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated April 8, 2009, 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 District Court upon a written motion.