| Brown v Brown |
| Motion No: 2009-04354 |
| Slip Opinion No: 2009 NY Slip Op 78589(U) |
| Decided on July 21, 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. |
Appellate Division: Second Judicial Department
M89715
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
CHERYL E. CHAMBERS, JJ.
|
2009-04354 Claudia Brown, respondent, v Ralph Brown, appellant. (Index No. 32030-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, entered April 16, 2009, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court