| Ve Med. Care, P.C. As Assignee of Tadoe Argudo v Allstate Ins. Co. |
| Motion No: 2011-00309 kc |
| Slip Opinion No: 2011 NY Slip Op 65717(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.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| VE Medical Care, P.C. as Assignee of Tadoe Argudo, Appellant, v Allstate Ins. Co., 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 September 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 (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 it be so advised, is to seek relief from the order in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk