Opinion
Motion No: 2014-01084 KC
06-16-2014
J.K.M. Medical Care, P.C. as Assignee of Julio Rojas-Paulino, Respondent, v. Allstate Property & Casualty Insurance Company, Appellant.
, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 18, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the Civil Court refused to consider, on the ground of untimeliness, the papers submitted 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