| Luba Macik v Alan I. Stutman |
| Motion No: 2015-00528 KC |
| Slip Opinion No: 2015 NY Slip Op 69485(U) |
| Decided on March 31, 2015 |
| 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Luba Macik, Appellant, v Alan I. Stutman, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 25, 2014.
On the court's own, it is
ORDERED that the appeal is dismissed.
Appellant did not submit any papers in opposition to respondent's motion giving rise to the April 25, 2014 order, and there is nothing in the order indicating what arguments, if any, appellant may have made at oral argument in opposition to the motion. In these circumstances, the order must be deemed to have been entered on default, and 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]; cf. Matter of 144 Stuyvesant, LLC v Goncalves, 119 AD3d 695 [2014]).
ENTER:
Paul Kenny
Chief Clerk