| All Boro Psychological Servs., P.C. As Assignee of Julian Cardona v Allstate Ins. Co. |
| Motion No: 2011-02162 kc |
| Slip Opinion No: 2012 NY Slip Op 64438(U) |
| Decided on February 8, 2012 |
| 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| All Boro Psychological Services, P.C. as Assignee of Julian Cardona, Appellant, v Allstate Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 15, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
As appellant submitted no papers in opposition to the motion of respondent giving rise to the order being appealed, the order 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 it be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk