| Vespa Supply, Inc. As Assignee of Elizabeth Shelton v Progressive Ins. Co. |
| Motion No: 2010-02456 kc |
| Slip Opinion No: 2010 NY Slip Op 87990(U) |
| Decided on November 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Vespa Supply, Inc. as Assignee of Elizabeth Shelton, Appellant, v Progressive Insurance Company, 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 April 27, 2010.
ORDERED that the motion is granted and 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