| Citibank (south Dakota), N.A. v Cynthia Gartner |
| Motion No: 2012-02284 sc |
| Slip Opinion No: 2012 NY Slip Op 93774(U) |
| Decided on December 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Citibank (South Dakota), N.A., Respondent, v Cynthia Gartner, Appellant. |
Appeal from an order of the District Court of Suffolk County, First District, entered July 18, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
While it appears from the record that appellant may have timely submitted opposition to respondent's motion giving rise to the order appealed from, the order recites that the motion was granted without opposition. Under these circumstances, the order must be considered as having been entered on default and is not appealable by appellant (see CPLR 5511). Appellant's remedy, if she be so advised, is to seek relief in the District Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk