Motor Veh. Acc. Indem. Corp. v Modern Art Health Care, P.C.

[*1] Motor Veh. Acc. Indem. Corp. v Modern Art Health Care, P.C. 2009 NY Slip Op 51568(U) [24 Misc 3d 137(A)] Decided on July 14, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 14, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-9 K C

Motor Vehicle Accident Indemnification Corporation, Appellant,

against

Modern Art Health Care, P.C. a/a/o JORGE WILLIAMS, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kenneth P. Sherman, J.), entered October 25, 2007. The order granted a motion by Modern Art Health Care, P.C. to dismiss the petition.

Appeal dismissed.

Motor Vehicle Accident Indemnification Corporation (MVAIC) commenced this proceeding against Modern Art Health Care, P.C. pursuant to CPLR 7511 to vacate a master arbitrator's award which upheld an award of first-party no-fault benefits in favor of Modern Medical Health Care, P.C. Modern Art Health Care, P.C. moved to dismiss the petition on the ground, inter alia, that the wrong party was named. The Civil Court dismissed the petition. The instant appeal by MVAIC ensued.

Because MVAIC failed to submit opposition to the motion to dismiss the petition, the order granting the motion was entered on default. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Coneys v Johnson Controls, Inc., 11 AD3d 576 [2004]; Marino v Termini, 4 AD3d 342 [2004]; Adamson v Evans, 283 AD2d 527 [2001]; Richmond Radiology, P.C. v State Farm Ins. Co., 15 Misc 3d 142[A], 2007 NY Slip Op 51074[U] [App Term, 2d & 11th Jud Dists 2007]; Ava Acupuncture P.C. v Greyhound Lines, Inc., 14 Misc 3d 141[A], 2007 NY Slip Op 50356[U] [App Term, 2d & 11th Jud Dists 2007]). Accordingly, the appeal is dismissed. Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: July 14, 2009