Cach, LLC v. Smith

Full title: Cach, LLC, Respondent, v. Patricia Smith, Appellant.

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

Date published: Dec 27, 2011

2011 N.Y. Slip Op. 93999 (N.Y. App. Term 2011)

Opinion

2011-2984 N C

12-27-2011

Cach, LLC, Respondent, v. Patricia Smith, Appellant.

JOHN R. LaCAVA

, J.P.

FRANCIS A. NICOLAI

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the District Court of Nassau County, First District, dated September 9, 2011.

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 respondent giving rise to the order being appealed, thus, 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 she be so advised, is to seek relief in the Civil Court upon a written motion.

ENTER:

Paul Kenny

Chief Clerk