| Samuel Garcia v William Floyd |
| Motion No: 2016-01005 QC |
| Slip Opinion No: 2016 NY Slip Op 85231(U) |
| Decided on August 31, 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
| Samuel Garcia, Appellant, v William Floyd, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered June 11, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that appellant submitted no opposition to the motion of respondent giving rise to the order being appealed; thus, the order was 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 he be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk