| Autostar Funding L.L.C. v Hermann Cherizol |
| Motion No: 2009-01703 KC |
| Slip Opinion No: 2009 NY Slip Op 85170(U) |
| Decided on October 1, 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
| AUTOSTAR FUNDING LLC., Respondent, -against- HERMANN CHERIZOL, Appellant. |
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]). It is noted that the parties subsequently settled the matter pursuant to a stipulation of settlement dated February 26, 2009, rendering any appeal moot.