Arthur J. Wise, M.D., P.C. v Liang Lin a/k/a Liang Chen
Slip Opinion No: 2010 NY Slip Op 65737(U)
Decided on March 9, 2010
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

ARTHUR J. WISE, M.D., P.C.,

Respondent,

-against-

NO. 2010-184 N C

LIANG LIN a/k/a LIANG CHEN,

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 judgment being appealed, the judgment is deemed entered on default and is not appealable (CPLR 5511; see 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 appellant be so advised, is to seek relief in the District Court upon a written motion.