| Miriam German v Atm Four, Inc. |
| Motion No: 2010-02240 nc |
| Slip Opinion No: 2011 NY Slip Op 78851(U) |
| Decided on July 18, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LACAVA, JJ.
DECISION & ORDER ON MOTION
| Miriam German, Appellant, v ATM Four, Inc., Respondent. |
Appeal from a judgment of the District Court of Nassau County, First District, entered June 28, 2010.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Since appellant submitted no papers in opposition to the motion of respondent giving rise to the judgment being appealed, the judgment 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 she be so advised, is to seek relief in the District Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk