| Domingo T. Rosa v Nikolaos Ellinas, Et Al. |
| Motion No: 2016-00654 KC |
| Slip Opinion No: 2016 NY Slip Op 70084(U) |
| Decided on March 30, 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
| Domingo T. Rosa, Appellant, v Nikolaos Ellinas, et al., Respondents. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 9, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellant did not submit any papers in opposition to respondents' motion giving rise to the February 9, 2016 order and did not appear to argue the motion. 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