| Matter of DeFuso v Nieves |
| Motion No: 2006-03137 |
| Slip Opinion No: 2006 NYSlipOp 66955(U) |
| Decided on April 13, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M38327
Y/nal
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2006-03137
In the Matter of Gina Defuso, respondent, v Michael Nieves, appellant. (Docket No. F-05277-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, dated February 22, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Katz v Katz, 69 AD2d 536); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., RIVERA, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court