K.O. Med., P.C. v. Allstate Ins. Co.

Full title: K.O. Medical, P.C. as Assignee of Synthia Seraphin, Appellant, v. Allstate…

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

Date published: Jun 16, 2014

2014 N.Y. Slip Op. 76063 (N.Y. App. Term 2014)

Opinion

Motion No: 2014-01086 KC

06-16-2014

K.O. Medical, P.C. as Assignee of Synthia Seraphin, Appellant, v. Allstate Insurance Company, Respondent.

MICHAEL L. PESCE

, 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