| Matter of Kaplan v Edwards |
| Motion No: 2008-00626 |
| Slip Opinion No: 2008 NYSlipOp 66020(U) |
| Decided on March 11, 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
M67449
E/nl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-00626
In the Matter of Eileen Kaplan, et al., petitioners-respondents, v Wendy Edwards, respondent, Raymond Edwards, appellant.
(Docket No. V-6276/84-07)
| DECISION & ORDER ON MOTION |
Motion by Darren DeUrso, Esq., counsel assigned to represent the appellant by the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated December 19, 2007, and for leave for the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation 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.
SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court