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O'Neill v. Carswell

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Apr 26, 2012
2012 N.Y. Slip Op. 72089 (N.Y. App. Term 2012)

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


Summaries of

O'Neill v. Carswell

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Apr 26, 2012
2012 N.Y. Slip Op. 72089 (N.Y. App. Term 2012)
Case details for

O'Neill v. Carswell

Case Details

Full title:Edward O'Neill, Appellant, v. Heather Carswell and Steven Detiva…

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Apr 26, 2012

Citations

2012 N.Y. Slip Op. 72089 (N.Y. App. Term 2012)