| Great Health Care Chiropractic, P.C. As Assignee of Edward Drapkin v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2013-00373 kc |
| Slip Opinion No: 2013 NY Slip Op 68504(U) |
| Decided on March 6, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Great Health Care Chiropractic, P.C. as Assignee of Edward Drapkin, 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 December 18, 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; 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 it be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk