| Bay Ls Med. Supplies, Inc. As Assignee of Johnnie Harrison v Allstate Ins. Co. |
| Motion No: 2012-01329 kc |
| Slip Opinion No: 2012 NY Slip Op 78689(U) |
| Decided on June 25, 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
| Bay LS Medical Supplies, Inc. as Assignee of Johnnie Harrison, Respondent, v Allstate Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 23, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the order appealed from indicates that the papers submitted by appellant in opposition to the motion giving rise to the order appealed from were untimely and were not considered. Thus, the order must be considered as having been entered on default (see Salinas v Csernay, 31 Misc 3d 147[A] 2011 NY Slip Op 50961[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). 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