| 334 L.L.C. v Joan Dumas |
| Motion No: 2010-02442 kc |
| Slip Opinion No: 2010 NY Slip Op 89291(U) |
| Decided on November 26, 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
| 334 LLC., Respondent, v Joan Dumas, Appellant, and "John Doe" and "Jane Doe," Undertenants. |
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 14, 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 (see CPLR 5511; 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 she be so advised, is to seek relief from the order in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk