Matter of Rohberger v Rohberger
Motion No: 2009-09753
Slip Opinion No: 2009 NY Slip Op 90007(U)
Decided on December 1, 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

M95225

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-09753

In the Matter of Diane M. Rohberger, respondent,

v Michael Rohberger, appellant.

(Docket No. F-10813-08)

DECISION & ORDER ON MOTION

Appeal by Michael Rohberger from an order of the Family Court, Suffolk County, dated September 10, 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 Marino v Termini, 4 AD3d 342).

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

ENTER:

James Edward Pelzer

Clerk of the Court