Matter of Thomas v Thomas
Motion No: 2007-02447
Slip Opinion No: 2007 NYSlipOp 68749(U)
Decided on May 2, 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

M54094

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2007-02447

In the Matter of Divya Thomas, respondent,

v Sajan Thomas, appellant.

(Docket No. V-3601/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated January 24, 2007, as a poor person and the assignment of counsel.

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 CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court