Matter of Noonan v Noonan
Motion No: 2006-11047
Slip Opinion No: 2007 NYSlipOp 61913(U)
Decided on January 25, 2007
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

M49835

S/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-11047

In the Matter of Barbara Noonan, et al.,

petitioners-appellants, v Jennifer Noonan,

et al., respondents; Janet Neustaetter, nonparty-

appellant.

(Docket No. V-22421/06)

DECISION & ORDER ON MOTION

Appeals by the Law Guardian and the petitioners from an order of the Family Court, Kings County, dated October 30, 2006. By decision and order on motion dated December 28, 2006, the appeal by the Law Guardian was dismissed on the ground that the order dated October 30, 2006, was entered upon her default.

Now, on the court's own motion, it is

ORDERED that the appeal by the petitioners is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342).

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

ENTER:

James Edward Pelzer

Clerk of the Court