Liliya Veksler, LCSW, P.C. v. 21st Century Ins. Co.

Full title: Liliya Veksler, LCSW, P.C., as Assignee of Mario Milord, Appellant, v…

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

Date published: Jun 1, 2018

2018 N.Y. Slip Op. 74624 (N.Y. App. Term 2018)

Opinion

Motion No: 2016-00162 KC

06-01-2018

Liliya Veksler, LCSW, P.C., as Assignee of Mario Milord, Appellant, v. 21st Century Ins. Co., 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 December 7, 2015.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

Although the record contains papers apparently submitted in opposition to respondent's summary judgment motion, the CPLR 2219 (a) recitation of the papers considered by the Civil Court indicates that the court considered only respondent's notice of motion and annexed affidavits, and there is no indication elsewhere in the order that the court considered any other papers. In this posture, the order appealed from must be considered as having been entered on default (cf. Renelique v American Tr. Ins. Co., 47 Misc 3d 134[A], 2015 NY Slip Op 50482[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]) and the appeal must be dismissed (CPLR 5511; see 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