| Superior Oxygen & Ortho Supplies As Assignee of Barbara Hoisington v Lumbermens Mut. Cas. Ins. Co. |
| Motion No: 2009-00902 kc |
| Slip Opinion No: 2010 NY Slip Op 82860(U) |
| Decided on September 7, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Superior Oxygen & Ortho Supplies as Assignee of Barbara Hoisington, Appellant, v Lumbermens Mutual Casualty Ins. Co., Respondent. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 13, 2009.
ORDERED, on the court's own motion, that the appeal is dismissed.
The CPLR 2219 (a) recitation of the papers considered by the Civil Court indicates that the court considered only defendant's notice of motion and annexed affidavits. In this posture, the order appealed from must be considered as having been entered on default and the appeal must be dismissed (CPLR 5511; see Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Macik v Stutman, 21 Misc 3d 144[A], 2008 NY Slip Op 52469[U] [App Term, 2d & 11th Jud Dists 2008]). Appellant's remedy, if it be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk