| MATTER OF BRUCE GOODENOUGH, JR., - V LUCIANA D'AMATO |
| Motion No: CAF 09-01032 |
| Slip Opinion No: 2009 NY Slip Op 75430(U) |
| Decided on June 15, 2009 |
| 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: SCUDDER, P. J., HURLBUTT, SMITH, CARNI, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01032
DOCKET NO. V-00046-06/07C
| MATTER OF BRUCE GOODENOUGH, JR.,
PETITIONER-RESPONDENT V LUCIANA D'AMATO, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered in the office of the Clerk of the County of Erie on January 30, 2009,
Now, upon reading and filing the affirmation of David A. Shapiro, Esq., dated May 13, 2009, the notice of motion with proof of service thereof, the affidavit of Susan M. Karalus, Esq., sworn to May 21, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted 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: June 15, 2009
PATRICIA L. MORGAN, Clerk