| Twilight Med., P.C., As Assignee of Jeanenne Eddie v Country-wide Ins. Co. |
| Motion No: 2016-02588 QC |
| Slip Opinion No: 2017 NY Slip Op 66082(U) |
| Decided on February 14, 2017 |
| 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
MARTIN SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Twilight Medical, P.C., as Assignee of Jeanenne Eddie, Respondent, v Country-Wide Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 27, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
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 In addition, the order was superseded by an order of the same court dated May 26, 2016, and subsumed in a judgment entered August 9, 2016, which order and judgment have been separately appealed (see Matter of Aho, 39 NY2d 241, 248 [1976]).
ENTER:
Paul Kenny
Chief Clerk