| George Michnick v City of New York |
| Motion No: 2012-02006 ric |
| Slip Opinion No: 2012 NY Slip Op 85369(U) |
| Decided on September 24, 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
| George Michnick, Appellant, v City of New York, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered August 1, 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 respondent giving rise to the order being appealed, thus, the order is deemed entered on default and is not appealable (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Benitez v Olson, 29 AD3d 503 [2006]). Appellant's remedy, if he be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk