| Sunrise Acupuncture, P.C. As Assignee of Eulalee Mighty v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2012-00924 kc |
| Slip Opinion No: 2012 NY Slip Op 83990(U) |
| Decided on September 6, 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.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Sunrise Acupuncture, P.C. as Assignee of Eulalee Mighty, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 10, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that appellant's papers in opposition to the motion of respondent giving rise to the order being appealed were rejected by the Civil Court and not considered, 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]; Salinas v Csernay, 31 Misc 3d 147[A], 2011 NY Slip Op 50961[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). 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