Opinion
Motion No: 2013-02643 kc
12-30-2013
Eagle Surgical Supply, Inc. as Assignee of Rocio Luengas, Appellant-Respondent, v. Country-Wide Insurance Company, Respondent-Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Cross appeal by respondent-appellant from an order of the Civil Court of the City of New York, Kings County, entered July 27, 2012.
On the court's own motion, it is
ORDERED that the cross appeal is dismissed on the ground that respondent-appellant submitted no papers in opposition to the motion of appellant-respondent giving rise to the order being appealed; thus, the order is deemed entered on the default of respondent-appellant and is not appealable by it (see CPLR 5511; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]).
ENTER:
Paul Kenny
Chief Clerk