| K.O. Med., P.C. As Assignee of Synthia Seraphin v Allstate Ins. Co. |
| Motion No: 2014-01086 KC |
| Slip Opinion No: 2014 NY Slip Op 76063(U) |
| Decided on June 16, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| K.O. Medical, P.C. as Assignee of Synthia Seraphin, Appellant, v Allstate Insurance Company, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 18, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the Civil Court refused to consider, on the ground of untimeliness, the papers submitted 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]). 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