| Matter of G. (Anonymous), Nadine Tina Louise; Administrati |
| Motion No: 2006-07164 |
| Slip Opinion No: 2007 NYSlipOp 62804(U) |
| Decided on February 8, 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. |
Appellate Division: Second Judicial Department
M50603
E/mv
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-07164
In the Matter of Nadine Tina Louise G. (Anonymous). Administration for Children's Services, respondent; Dawn S.-W. (Anonymous), appellant. (Docket No. B-5280/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Richmond County, dated June 2, 2006, upon the ground that no appeal lies from an order entered upon the default of the appealing party. Separate motion by Andrew John Calcagno, Esq., attorney assigned to prosecute the appeal, to be relieved.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588); and it is further,
ORDERED that the motion to be relieved is denied as academic.
MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court