| Kelly v Kelly |
| Motion No: 2007-11806 |
| Slip Opinion No: 2008 NYSlipOp 60962(U) |
| Decided on January 14, 2008 |
| 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
M64779
S/sl
DAVID S. RITTER, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-11806 Catherine Kelly, respondent, v J. Brian Kelly, appellant. (Index No. 06-5111)
| DECISION & ORDER ON MOTION |
Appeal by J. Brian Kelly from an order of the Supreme Court, Orange County, dated November 29, 2007.
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 entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342).
RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court