| Right Aid Med. Supply Corp. As Assignee of Alexandra Gavrilova v Truck Ins. Exch. |
| Motion No: 2015-01509 KC |
| Slip Opinion No: 2015 NY Slip Op 77966(U) |
| Decided on June 26, 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.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Right Aid Medical Supply Corp. as Assignee of Alexandra Gavrilova, Appellant, v Truck Insurance Exchange, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 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 February 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