All Boro Psychological Servs. v. Allstate Ins. Co.

Full title: All Boro Psychological Services, P.C. as Assignee of Ray Manuel Rodriguez…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Aug 25, 2011

Motion No: 2011-02163 kc (N.Y. App. Term Aug. 25, 2011)

Opinion

Motion No: 2011-02163 kc

08-25-2011

All Boro Psychological Services, P.C. as Assignee of Ray Manuel Rodriguez, Appellant, v. Allstate Ins. Co., Respondent.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 15, 2011.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

Since appellant submitted no papers in opposition to the motion of respondent giving rise to the order being appealed, the order is deemed entered on default and is not appealable (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists 2004]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Appellant's remedy, if it be so advised, is to seek relief in the Civil Court upon a written motion.

ENTER:

Paul Kenny

Chief Clerk