| U.S. Equities Corp. v Kalio O. Own |
| Motion No: 2016-00876 RIC |
| Slip Opinion No: 2016 NY Slip Op 72503(U) |
| Decided on April 27, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| U.S. Equities Corp., Appellant, v Kalio O. Own, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered December 21, 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 December 21, 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]). In addition, no appeal as of right lies from an order that sets the matter down for a traverse hearing (see Wheeler v McCreight, 34 Misc 3d 144[A], 2012 NY Slip Op 50143[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]).
ENTER:
Paul Kenny
Chief Clerk