| Absolute Approach Med., P.C. As Assignee of Garry Fraziet v Allstate Ins. Co. |
| Motion No: 2014-02034 KC |
| Slip Opinion No: 2014 NY Slip Op 85507(U) |
| Decided on September 25, 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
| Absolute Approach Medical, P.C. as Assignee of Garry Fraziet, Respondent, v Allstate Insurance Co., Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 14, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellant did not submit any papers in opposition to respondent's motion giving rise to the May 14, 2014 order. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]).
ENTER:
Paul Kenny
Chief Clerk