| Gentlecare Ambulatory Anesthesia Servs. & Lyonel F. Paul, M.D., As Assignees of Johnstan Joseph v United Servs. Auto. Assn. |
| Motion No: 2016-00457 QC |
| Slip Opinion No: 2016 NY Slip Op 67350(U) |
| Decided on March 10, 2016 |
| 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Gentlecare Ambulatory Anesthesia Services and Lyonel F. Paul, M.D., as Assignees of Johnstan Joseph, Appellants, v United Services Automobile Association, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellants did not submit any papers in opposition to respondent's motion giving rise to the November 5, 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