DIXON v. UHLER

527470.

181 A.D.3d 1071 (2020)

117 N.Y.S.3d 890

2020 NY Slip Op 01679

Echo Westley Dixon, Appellant, v. Donald G. Uhler, as Superintendent of Upstate Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 12, 2020.


As is relevant to this appeal, plaintiff commenced this action against defendants asserting liability under 42 USC § 1983. Following joinder of issue, defendants moved to dismiss the complaint for failure to state a cause of action. Supreme Court, among other things, found that plaintiff did not timely interpose any opposition thereto and granted defendants' motion to dismiss the complaint on default. Plaintiff appeals.

"It is well settled that no appeal lies...

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