| Bronx Borough Med., P.C., As Assignee of Franklyn Diaz v Mvaic |
| Motion No: 2016-00619 QC |
| Slip Opinion No: 2016 NY Slip Op 92653(U) |
| Decided on November 17, 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
| Bronx Borough Medical, P.C., as Assignee of Franklyn Diaz, Respondent, v MVAIC, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 28, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that appellant submitted no papers in opposition to the motion of respondent giving rise to the order being appealed; thus, the order is deemed 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]).
ENTER:
Paul Kenny
Chief Clerk