[*1]
Maltsev v New York City Tr. Auth.
2008 NY Slip Op 50504(U) [19 Misc 3d 127(A)]
Decided on February 29, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 29, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2007-215 K C.

Victor Maltsev, Appellant,

against

New York City Transit Authority, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered July 13, 2006. The order granted defendant's motion to dismiss the claim.


Appeal dismissed.

Plaintiff failed to submit any papers in opposition to defendant's motion to dismiss the claim. Thus, defendant's motion was granted on default. Since a party may not appeal from an order entered upon his default (see CPLR 5511; Viggiani v
Grodotzke, 306 AD2d 273 [2003]), the instant appeal by plaintiff must be dismissed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: February 29, 2008