Matter of Carter v McCormick
Motion No: 2006-05340
Slip Opinion No: 2006 NYSlipOp 70726(U)
Decided on June 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41039

E/cf

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-05340

In the Matter of Robert J. Carter, respondent,

v Kecia-Jody McCormick, appellant.

(Index No. V-12871-02/06E)

DECISION & ORDER ON MOTION

Appeal by Kecia-Jody McCormick from an order of the Family Court, Suffolk County, dated May 2, 2006.

Now on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order that was entered on the default of the appealing party (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Ins. Co., 117 AD2d 588).

CRANE, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court