| Shara Acupuncture, P.C. As Assignee of Albert Castillo v United Servs. Auto. Assn. |
| Motion No: 2011-02059 kc |
| Slip Opinion No: 2011 NY Slip Op 81768(U) |
| Decided on August 19, 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
| Shara Acupuncture, P.C. as Assignee of Albert Castillo, Respondent, v United Services Automobile Association, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 24, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). 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