| Dr. Stephen Matrangolo, D.C., P.C. As Assignee of Alcibiades Fernandez v Allstate Ins. Co. |
| Motion No: 2011-01089 qc |
| Slip Opinion No: 2011 NY Slip Op 70834(U) |
| Decided on April 12, 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.
MICELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Dr. Stephen Matrangolo, D.C., P.C. as Assignee of Alcibiades Fernandez, Appellant, v Allstate Insurance Company, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered February 16, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the grounds that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511) and no appeal as of right lies from a sua sponte order (CCA 1702 [a] [2] see Sholes v Meagher, 100 NY2d 333 [2003]).
ENTER:
Paul Kenny
Chief Clerk