| Capital Equity Mgt., LLC v John Bailey |
| Motion No: 2017-00317 KC |
| Slip Opinion No: 2019 NY Slip Op 67334(U) |
| Decided on March 27, 2019 |
| 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 Bailey, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 31, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The order appealed from does not recite that opposition papers were considered in determining the motion giving rise to the order appealed from. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511). Appellant, if so advised, may seek to resettle the order in the Civil Court upon a showing that opposition papers were in fact considered.
ENTER:
Paul Kenny
Chief Clerk