| Crystal A. Spivey v Regina Foy |
| Motion No: 2013-01708 kc |
| Slip Opinion No: 2013 NY Slip Op 84264(U) |
| Decided on August 23, 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
| Crystal A. Spivey, Appellant, v Regina Foy, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 25, 2013.
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]).
We note that the appeal would have been dismissed as academic, in any event, as by order dated May 15, 2013, the Civil Court dismissed the proceeding (see Livny v Rotella, 305 AD2d 277 [2003]).
ENTER:
Paul Kenny
Chief Clerk