| MATTER OF MICHAEL BENTLEY V DEBRA BENTLEY |
| Motion No: 08-01782 |
| Slip Opinion No: 2008 NYSlipOp 82955(U) |
| Decided on September 10, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: HURLBUTT, J. P., SMITH, CENTRA, LUNN, AND GREEN, JJ.
APPELLATE DIVISION DOCKET NO. 08-01782
DOCKET NOS.V-00454-08/08A, V-00454-08/08B
V-00454-08/08C, V-00455-08/08A
V-00455-08/08B, V-00455-08/08C
| MATTER OF MICHAEL BENTLEY, PETITIONER-APPELLANT, V DEBRA
BENTLEY, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on April 30, 2008,
Now, upon reading and filing the affidavit of Michael Bentley, sworn to August 6, 2008, the notice of motion with proof of service thereof, the statement of John S. Sansone, Esq., dated August 5, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR § 5511).
Memorandum: Appellant's remedy is to move in Family Court to vacate the order and, if necessary, appeal the denial of that motion.
ENTERED: September 10, 2008
JOANN M. WAHL, Clerk