| Risley Dent Towers Assoc. v Donwell Wade |
| Motion No: 2013-02321 KC |
| Slip Opinion No: 2014 NY Slip Op 60246(U) |
| Decided on January 2, 2014 |
| 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
|
Risley Dent Towers Assoc. v Donwell Wade |
Appeals from orders of the Civil Court of the City of New York, Kings County, entered May 15, 2013 and July 1, 2013, respectively.
On the court's own motion, it is
ORDERED that the appeal from the order entered May 15, 2013 is dismissed, as that order was superseded by the order entered July 1, 2013; and it is further,
ORDERED that the appeal from the order entered July 1, 2013 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]).
ENTER:
Paul Kenny
Chief Clerk