Opinion
Motion No: 2014-02909 KC
01-02-2015
Marilu Jimenez, Appellant, v. Bart Schwartz, Respondent.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 19, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellant did not submit any papers in opposition to respondent's motion giving rise to the August 19, 2014 order. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). Appellant's remedy, if she be so advised, is to move in the Civil Court to vacate the default order.
ENTER:
Paul Kenny
Chief Clerk