Christos Sakalis v City of New York, N. Y. City Police Dept. & Ellen Moran
Motion No: 2012-02701 qc
Slip Opinion No: 2012 NY Slip Op 95006(U)
Decided on December 20, 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.


Appellate Term of the Supreme Court

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

2012-2701 Q C
Christos Sakalis, Appellant, v The City of New York, New York City Police Department and Ellen Moran, Defendants, and ELRAC, Inc. and Sunil Shewram, Respondents.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered March 9, 2011.

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 respondents giving rise to the order being appealed, 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]). 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