| Dfs of Springfield, Inc. v Frank Dimartino, Metro Found. Contrs., Inc., Metro Constr. Equities, Inc. & Metropolis Superstructures, Inc. |
| Motion No: 2010-02564 qc |
| Slip Opinion No: 2011 NY Slip Op 78830(U) |
| Decided on July 14, 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
| DFS of Springfield, Inc., Respondent, v Frank DiMartino, Metro Foundation Contractors, Inc., Metro Construction Equities, Inc. and Metropolis Superstructures, Inc., Appellants, and "XYZ Corporation," "John Doe" and "Jane Doe," Undertenants. |
Appeal from an order and final judgment of the Civil Court of the City of New York, Queens County, both entered June 28, 2010.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Since appellants submitted no papers in opposition to the motion of respondent giving rise to the order and final judgment being appealed, the order and final judgment are deemed entered on default and are 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]). Appellants' remedy, if they be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk