| Ss Med. Care, P.C. As Assignee of Asher Campbell v 21st Century Ins. Co. |
| Motion No: 2012-00910 kc |
| Slip Opinion No: 2012 NY Slip Op 76280(U) |
| Decided on June 7, 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| SS Medical Care, P.C. as Assignee of Asher Campbell, Respondent, v 21st Century Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 16, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies from an order made upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate its default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk