| Jesa Med. Supply, Inc. As Assignee of Sylvester Brown v Republic W. Ins. Co. |
| Motion No: 2010-03274 kc |
| Slip Opinion No: 2010 NY Slip Op 92235(U) |
| Decided on December 23, 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.
MICHELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Jesa Medical Supply, Inc. as Assignee of Sylvester Brown, Respondent, v Republic Western Ins. Co., Appellant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 10, 2010.
ORDERED that the motion is granted and the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Coneys v Johnson Controls, Inc., 11 AD3d 576 [2004]).
ENTER:
Paul Kenny
Chief Clerk