Ortiz v. Lanzo

PER CURIAM.

PER CURIAM.

Appeal from order (David B. Cohen, J.), entered July 27, 2015, dismissed, without costs.

Inasmuch as plaintiff-appellant failed to submit opposition papers to the underlying motion, the resulting order was entered upon plaintiff's default within the meaning of CPLR 5511 and is therefore nonappealable (see Benitez v. Olson, 29 AD3d 503 [2006]; Fox v. T.B.S.D., Inc., 278 A.D.2d 612 [2000], lv denied, 96 N.Y.2d 716 [2001] ). Plaintiff's remedy was to move to vacate the default (see Figiel v. Met Food, 48 AD3d 330 [2008] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.