Northern Murray Equity, Inc. v Hwanhee, Inc.
Motion No: 2013-00058 qc
Slip Opinion No: 2013 NY Slip Op 63533(U)
Decided on January 28, 2013
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.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-58 Q C
Northern Murray Equity, Inc., Respondent, v Hwanhee, Inc., Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 27, 2012.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that appellants 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; 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]). Appellants' remedy, if they be so advised, is to seek relief in the Civil Court upon a written motion.

ENTER:

Paul Kenny

Chief Clerk