Matter of Suarez v Suarez
Motion No: 2009-09625
Slip Opinion No: 2009 NY Slip Op 88071(U)
Decided on November 6, 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

M94090

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-09625

In the Matter of Helga Suarez, appellant,

v Humbert Suarez, respondent.

(Docket No. O-19245-09)

DECISION & ORDER ON MOTION

Appeal by Helga Suarez from an order of the Family Court, Queens County, dated September 2, 2009.

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).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court