• Appellate Term, Second Judicial Department
  • 2012-1405
  • May 03 2012 (Date Decided)
  • : Pesce, P.J., Weston, Rios, JJ.

2012-1405 K C. LAFONTANT v. SINCLAIR — Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 3, 2012.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that appellant submitted no papers 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 she be so advised, is to seek relief in the Civil Court upon a written motion.