Dawn Rella v Geico
Motion No: 2021-00437 NC
Slip Opinion No: 2021 NY Slip Op 72034(U)
Decided on September 21, 2021
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 9th & 10th Judicial Districts

TERRY JANE RUDERMAN, P.J.

TIMOTHY S. DRISCOLL

HELEN VOUTSINAS, JJ.

DECISION & ORDER ON MOTION

2021-437 N C
Dawn Rella, Appellant, v Geico, Respondent.

Appeal from an order of the District Court of Nassau County, First District, dated June 16, 2021. The order granted an unopposed motion by respondent to dismiss the small claims action.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

Appellant's remedy, if they be so advised, is to move in the District Court to vacate the June 16, 2021 order.

ENTER:

Paul Kenny

Chief Clerk