| Axis Chiropractic, PLLC a/a/o Ramiro Alfonso v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2009-01700 KC |
| Slip Opinion No: 2009 NY Slip Op 85662(U) |
| Decided on October 9, 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
| AXIS CHIROPRACTIC, PLLC a/a/o RAMIRO ALFONSO, Appellant, -against- STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent. |
DECISION
On the court's own motion, appeal is dismissed.
Since appellant submitted no papers considered by the Civil Court 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 court below upon a written motion.