| MATTER OF NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES SUPPORT COLLECTION UNIT, ON BEHALF OF TIFFANY C. V EUGENE D., JR. |
| Motion No: CAF 08-02232 |
| Slip Opinion No: 2008 NYSlipOp 90897(U) |
| Decided on December 3, 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 PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02232
DOCKET NO. P-01155-01
| MATTER OF NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES SUPPORT
COLLECTION UNIT, ON BEHALF OF TIFFANY C., PETITIONER-RESPONDENT,
V
EUGENE D., JR., RESPONDENT-APPELLANT. |
Respondent-appellant having moved for permission to proceed as a poor person 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 September 17, 2008,
Now, upon reading and filing the affidavit of Eugene D., sworn to October 17, 2008, the notice of motion with proof of service thereof, the statement of John S. Sansone, Esq., dated October 28, 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.
ENTERED: December 3, 2008
JOANN M. WAHL, Clerk