| Lms Acupuncture, P.C. As Assignee of Matthew Rodriguez v Metlife Auto & Home |
| Motion No: 2013-01457 kc |
| Slip Opinion No: 2013 NY Slip Op 81422(U) |
| Decided on July 31, 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
| LMS Acupuncture, P.C. as Assignee of Matthew Rodriguez, Appellant, v Metlife Auto & Home, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 2, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]).
ENTER:
Paul Kenny
Chief Clerk