Opinion
Motion No: 2016-00457 QC
03-10-2016
Gentlecare Ambulatory Anesthesia Services and Lyonel F. Paul, M.D., as Assignees of Johnstan Joseph, Appellants, v. United Services Automobile Association, Respondent.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellants did not submit any papers in opposition to respondent's motion giving rise to the November 5, 2015 order. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]).
ENTER:
Paul Kenny
Chief Clerk