| Right Aid Med. Supply Corp., As Assignee of Jose Diaz v Hartford Ins. Co. |
| Motion No: 2016-01225 KC |
| Slip Opinion No: 2016 NY Slip Op 79155(U) |
| Decided on June 23, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Right Aid Medical Supply Corp., as Assignee of Jose Diaz, Appellant, v Hartford Insurance Company, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 9, 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 9, 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