Matter of Gross v James
Motion No: 2008-08314
Slip Opinion No: 2008 NYSlipOp 83866(U)
Decided on September 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M76118

S/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-08314

In the Matter of Mark A. Gross, appellant,

v Althea N. James, respondent.

(Docket Nos. U-10235-02)

DECISION & ORDER ON MOTION

Appeal by Mark A. Gross from an order of the Family Court, Westchester County, dated July 11, 2008.

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 CPLR 5511).

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court