Cox v. Ocean Bay Apt

Full title: Pauline Cox, Respondent, v. Ocean Bay Apt., Appellant.

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

Date published: Apr 26, 2012

2012 N.Y. Slip Op. 72091 (N.Y. App. Term 2012)

Opinion

2012-871 Q C

04-26-2012

Pauline Cox, Respondent, v. Ocean Bay Apt., Appellant.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Queens County, dated March 12, 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 respondent 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 it be so advised, is to seek relief in the Civil Court upon a written motion.

ENTER:

Paul Kenny

Chief Clerk