| Healthway Med. Care, P.C. As Assignee of Rosa Delosangeles v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2013-02650 kc |
| Slip Opinion No: 2013 NY Slip Op 95550(U) |
| Decided on December 30, 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
| Healthway Medical Care, P.C. as Assignee of Rosa DeLosAngeles, Respondent, v State Farm Mutual Automobile Ins. Co., Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 8, 2013 and a judgment of the same court entered September 30, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party or from a judgment entered pursuant thereto (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