| Rjj Realty, LLC v Jorge Acevedo |
| Motion No: 2011-00106 qc |
| Slip Opinion No: 2011 NY Slip Op 65715(U) |
| Decided on February 22, 2011 |
| 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
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| RJJ Realty, LLC, Appellant, v Jorge Acevedo, 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 September 26, 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