Park Radiology, P.C. v. Metro. Prop. & Cas. Ins.

Full title: Park Radiology, P.C. as Assignee of Nimfa Arceo, Appellant, v…

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

Date published: Jan 15, 2015

2015 N.Y. Slip Op. 62680 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-00065 QC

01-15-2015

Park Radiology, P.C. as Assignee of Nimfa Arceo, Appellant, v. Metropolitan Property & Casualty Insurance, Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 7, 2014.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

So much of the appeal as is from the portion of the order denying appellant's request for an adjournment to submit opposition is dismissed, as no appeal as of right lies from that portion of the order, which did not determine a motion made on notice (CCA 1702 [a] [2]), and leave to appeal has not been granted. CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." So much of the appeal as is from the portion of the order granting defendant's motion to vacate its default is dismissed, as the motion was unopposed. 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]).

ENTER:

Paul Kenny

Chief Clerk