Long Is. Univ. v Phillips

[*1] Long Is. Univ. v Phillips 2006 NY Slip Op 52231(U) [13 Misc 3d 139(A)] Decided on October 27, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 27, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2005-2013 K C.

Long Island University, Respondent,

against

Dwayne R. Phillips, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered November 28, 2005. The order granted plaintiff's motion to vacate a default judgment.

Appeal dismissed.

Since defendant failed to submit written opposition to plaintiff's motion to vacate the judgment, the order granting plaintiff's motion is deemed entered on default. No appeal lies from such an order by the defaulting party (see CPLR 5511; see Fair Price
Med. Supply Corp. v ELRAC Inc., 12 Misc 3d 144[A], 2006 NY Slip Op 51437[U] [App Term, 2d & 11th Jud Dists]). Accordingly, the appeal is dismissed.

Pesce, P.J., Golia and Rios, JJ. concur.
Decision Date: October 27, 2006