| Lenox Hill Radiology, P.C. As Assignee of Moshik Regev v General Assur. Co. |
| Motion No: 2010-02095 qc |
| Slip Opinion No: 2010 NY Slip Op 82867(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
| Lenox Hill Radiology, P.C. as Assignee of Moshik Regev, Respondent, v General Assurance Company, Appellant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 4, 2010.
ORDERED, on the court's own motion, that 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.
ENTER:
Paul Kenny
Chief Clerk