Opinion
2012-19 K C
02-22-2012
Milton Reiss and Arlene Cannon, Respondents, v. Yosef Lifshitz, Appellant, et al., Undertenants.
, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, dated May 11, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Since appellant submitted no papers in opposition to the motion of respondents giving rise to the order being appealed, the order is deemed entered on default and is not appealable (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists 2004]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]). Appellant's remedy, if he be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk