George Santis v Miguelina Narvaez-castro
Motion No: 2018-00747 QC
Slip Opinion No: 2018 NY Slip Op 70885(U)
Decided on April 20, 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.


Appellate Term of the Supreme Court

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

2018-747 Q C
George Santis, Respondent, v Miguelina Narvaez-Castro, Defendant, and Luis Narvaez, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 9, 2018.

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 January 9, 2018 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