| Xiu Jian Sun v Min Liu |
| Motion No: 2015-01754 SC |
| Slip Opinion No: 2015 NY Slip Op 82150(U) |
| Decided on August 4, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
| Xiu Jian Sun, Appellant, v Min Liu, Respondent. |
Appeal from an order of the District Court of Suffolk County, Fifth District, entered April 28, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as appellant submitted no papers 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 appellant be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk