Stacy Parker v Corinne Harrigan Et Al.
Motion No: 2011-02306 qc
Slip Opinion No: 2012 NY Slip Op 71275(U)
Decided on April 17, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA , JJ.

DECISION & ORDER ON MOTION

2011-2306 Q C
Stacy Parker, Appellant, v Corinne Harrigan et al., Respondents.

Motion by respondents to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 28, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and 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; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if she be so advised, is to seek relief in the Civil Court upon a written motion.

ENTER:

Paul Kenny

Chief Clerk