| Matter of Hertelendy v Hertelendy |
| Motion No: 2009-02941 |
| Slip Opinion No: 2009 NY Slip Op 89540(U) |
| Decided on November 24, 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
M94899
E/sl
A. GAIL PRUDENTI, P.J.
JOSEPH COVELLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-02941 In the Matter of Joseph K. Hertelendy, respondent, v Alonna J. Hertelendy, appellant. (Docket No. V-04395-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Dutchess County, dated February 6, 2009, on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); without prejudice to the appellant's moving to vacate her default in the Family Court, Dutchess County.
PRUDENTI, P.J., COVELLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court