| Edward O'neill v Heather Carswell & Steven Detiva |
| Motion No: 2012-00768 wc |
| Slip Opinion No: 2012 NY Slip Op 72089(U) |
| Decided on April 26, 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| Edward O'Neill, Appellant, v Heather Carswell and Steven Detiva, Respondents. |
Appeal from an order of the City Court of Yonkers, Westchester County, dated February 27, 2012.
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 respondents giving rise to the order being appealed, thus, the order is deemed entered on default and is not appealable (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 he be so advised, is to seek relief in the City Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk