| Capital Equity Mgt., LLC v John Carrozza |
| Motion No: 2018-00440 KC |
| Slip Opinion No: 2018 NY Slip Op 67819(U) |
| Decided on March 16, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Capital Equity Management, LLC, Appellant, v John Carrozza, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 18, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The order appealed from was entered upon appellant's failure to proceed at a traverse. Such a failure constitutes a default (see CPLR 3215 [a]; Matter of Reynolds v Spanakos, 196 AD2d 798 [1993]; see also Schmitt v Jeyalingam, 71 AD3d 757 [2010]). No appeal lies from an order entered on default (see CPLR 5511).
ENTER:
Paul Kenny
Chief Clerk