East Side Med. Servs. P.C. v. Progressive Northeastern Ins. Co.

Full title: East Side Medical Services, P.C. as Assignee of Elizabeth Joseph…

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

Date published: Dec 13, 2011

2011 N.Y. Slip Op. 93523 (N.Y. App. Term 2011)

Opinion

2011-2519 K C

12-13-2011

East Side Medical Services, P.C. as Assignee of Elizabeth Joseph, Appellant, v. Progressive Northeastern Insurance Co., Respondent.

MARSHA L. STEINHARDT

, J.P.

MICHAEL L. PESCE

MICHELLE WESTON, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 2, 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 judgment being appealed, thus, the judgment is deemed entered on default (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