| Gbi Acupuncture, P.C. As Assignee of Rosa Correa v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2013-00934 kc |
| Slip Opinion No: 2013 NY Slip Op 78817(U) |
| Decided on June 24, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| GBI Acupuncture, P.C. as Assignee of Rosa Correa, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 7, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed as untimely (see CPLR 5513 [a]), and on the further 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]).
ENTER:
Paul Kenny
Chief Clerk