| Charles Deng Acupuncture v United Services Automobile Association |
| Motion No: 2015-00885 QC |
| Slip Opinion No: 2015 NY Slip Op 74159(U) |
| Decided on May 11, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Charles Deng Acupuncture v United Services Automobile Association |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered April 10, 2015.
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 April 10, 2015 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