K C. FIA CARD SERVS., N.A. v. KLEIN
2012-2170 K C. FIA CARD SERVS., N.A. v. KLEIN — Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 2, 2012.
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 which granted respondent's motion for summary judgment 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 ; Benitez v. Olson, 29 AD3d 503 ; Fox v. T.B.S.D., Inc., 278 AD2d 612 ). So much of the appeal as is from the portion of the order that denied appellant's application for an adjournment is dismissed on the ground that no appeal as of right lies from an order which does not decide a motion made on notice (see CCA 1702 [a]). CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Appellant's remedy, if she be so advised, is to seek relief in the Civil Court upon a written motion.