Ava Acupuncture, P.C. a/a/o Troy Hutchinson v No. 2010-187 K C State Farm Mut. Auto. Ins., Co.

Ava Acupuncture, P.C. a/a/o Troy Hutchinson v No. 2010-187 K C State Farm Mut. Auto. Ins., Co.

Slip Opinion No: 2010 NY Slip Op 68251(U)

Decided on April 8, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., WESTON and RIOS, JJ.

AVA ACUPUNCTURE, P.C.
a/a/o TROY HUTCHINSON,

Appellant,

-against-

NO. 2010-187 K C

STATE FARM MUTUAL
AUTOMOBILE INS., CO.,

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 (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 it be so advised, is to seek relief in the Civil Court upon a written motion.