| People's Alliance Fed. Credit Union v Stephanie Fiallo |
| Motion No: 2010-02467 qc |
| Slip Opinion No: 2010 NY Slip Op 87991(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
| People's Alliance Federal Credit Union, Appellant, v Stephanie Fiallo, Respondent. |
Court's own motion to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered May 19, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
Inasmuch as appellant failed to proceed on the scheduled trial date, the dismissal of the complaint was on default and is not appealable (CPLR 5511; see Schmitt v Jeyalingam, 71 AD3d 757 [2010]). 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