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Five Boro Psychological Servs., P.C. v Geico Gen. Ins. Co.
2011 NY Slip Op 52276(U) [34 Misc 3d 126(A)]
Decided on December 16, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 16, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., GOLIA and RIOS, JJ
2010-689 K C.

Five Boro Psychological Services, P.C. as Assignee of DALE THOMPSON and SONIA REEVES, Appellant,

against

Geico General Ins. Co., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered August 17, 2009. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.


ORDERED that the appeal is dismissed.

No appeal lies from an order entered upon the default of the appealing party (CPLR 5511). Here, plaintiff neither submitted opposition to defendant's cross motionfor summary judgment dismissing the complaint nor otherwise addressed the issues raised in defendant's cross motion. Accordingly, the appeal is dismissed.

Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: December 16, 2011