Opinion
2012-768 W C
04-26-2012
Edward O'Neill, Appellant, v. Heather Carswell and Steven Detiva, Respondents.
, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the City Court of Yonkers, Westchester County, dated February 27, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that appellant submitted no papers in opposition to the motion of respondents giving rise to the order being appealed, thus, the order is deemed entered on default and is not appealable (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]). Appellant's remedy, if he be so advised, is to seek relief in the City Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk