| U.S. Equities Corp. v Louis A. Reyes |
| Motion No: 2024-01386 KC |
| Slip Opinion No: 2026 NY Slip Op 61383(U) |
| Decided on January 9, 2026 |
| 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
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| U.S. Equities Corp., Appellant, v Louis A. Reyes, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 11, 2024.
On the court's own motion, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party, by filing an affirmation/affidavit with this court on or before May 23, 2025.
Upon the papers filed by appellant is opposition to the order to show cause, it is hereby
ORDERED that the motion is granted, and the appeal is dismissed.
Appellant's contention that it properly filed opposition by delivery to the Civil Court's EDDS system is without merit. Delivery to EDDS does not constitute proper filing until it is processed by the Civil Court clerk. Contrary to appellant's affirmation in opposition to this court's order to show cause, on the face of the order being appealed from, the Civil Court considered only respondent's order to show cause in determining the motion, thus, the order is deemed entered on default (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
Appellant's remedy is to move to vacate the Civil Court's June 11, 2025 order and appeal from a denial of that motion.
ENTER:
Jennifer Chan
Chief Clerk