| MATTER OF CATHERINE ELIZABETH CORP V BRIAN SCOTT MITCHELL |
| Motion No: CAF 08-02065 |
| Slip Opinion No: 2008 NYSlipOp 87767(U) |
| Decided on October 22, 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: SMITH, J. P., LUNN, FAHEY, GREEN AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02065
DOCKET NO. V-02427-02/08A
| MATTER OF CATHERINE ELIZABETH CORP, PETITIONER-APPELLANT,
V BRIAN SCOTT MITCHELL, RESPONDENT-RESPONDENT. |
Petitioner-appellant having applied 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, Onondaga County, entered in the Office of the Clerk of said Court on August 6, 2008,
Now, upon reading and filing the certification of Robert J. Spencer, Esq., dated September 5, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the application 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).
Entered: October 22, 2008
JOANN M. WAHL, Clerk