Hollyfield v Iglehart (2003 NY Slip Op 51679(U))

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Hollyfield v Iglehart

2003 NY Slip Op 51679(U)

Decided on December 22, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 22, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-297 K C

WESLEY HOLLYFIELD, Appellant,

against

CAIA IGLEHART, Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (B. Bayne, J.), entered January 3, 2002, which granted defendant'ls motion dismissing the complaint with prejudice.

Appeal unanimously dismissed.

Inasmuch as defendant's motion was granted on January 3, 2002 without opposition, the order is not appealable (see CPLR 5511; see also Glickman v Sami, 149 AD2d 458). The remedy of an aggrieved party is a motion to vacate the order pursuant to CPLR 5015 and, if unsuccessful, appeal therefrom.
Decision Date: December 22, 2003