| East Side Med. Servs., P.C. As Assignee of Elizabeth Joseph v Progressive Northeastern Ins. Co. |
| Motion No: 2011-02519 kc |
| Slip Opinion No: 2011 NY Slip Op 93523(U) |
| Decided on December 13, 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
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
| East Side Medical Services, P.C. as Assignee of Elizabeth Joseph, Appellant, v Progressive Northeastern Insurance Co., Respondent. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 2, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that appellant submitted no papers in opposition to the motion of respondent giving rise to the judgment being appealed, thus, the judgment is deemed entered on default (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 in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk