| MATTER OF JOHN J. MAZZOLI V NICOLE HENNING |
| Motion No: CAF 08-02440 |
| Slip Opinion No: 2008 NYSlipOp 91660(U) |
| Decided on December 8, 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: MARTOCHE, J. P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 08-02440
DOCKET NO. F-01273-03/06B
| MATTER OF JOHN J. MAZZOLI, PETITIONER-APPELLANT,
V
NICOLE HENNING, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on September 6, 2006,
Now, upon reading and filing the affidavit of John Mazzoli, sworn to October 20, 2008, the notice of motion with proof of service thereof, 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 of Family Court denying objections to the order of a support magistrate that was entered upon the default of the objecting party (see CPLR § 5511).
Memorandum: Appellant's remedy is to move in Family Court to vacate the support magistrate's order.
Entered: December 8, 2008
JOANN M. WAHL, Clerk