Matter of Fitzsimons v Cabral
Motion No: 2008-11179
Slip Opinion No: 2009 NYSlipOp 60476(U)
Decided on January 12, 2009
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

M80928

S/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-11179

In the Matter of Colleen Fitzsimons, respondent,

v Christopher Cabral, appellant.

(Docket No. V-7938-08)

DECISION & ORDER ON MOTION

Appeal by Christopher Cabral from an order of the Family Court, Nassau County, dated September 18, 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).

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court