Matter of Lyons v Fadhel
Motion No: 2010-00158
Slip Opinion No: 2010 NY Slip Op 60775(U)
Decided on January 13, 2010
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

M97200

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-00158, 2010-00160

In the Matter of Rosemary Lyons, appellant,

v Clyde Fadhel, respondent.

(Docket No. O-11143-09)

DECISION & ORDER ON MOTION

Appeal by Rosemary Lyons from two orders of the Family Court, Queens County, both dated November 16, 2009.

On the court's own motion, it is

ORDERED that the appeal from the order dated November 16, 2009, which denied the petitioner's motion to amend the petition is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112); and it is further,

ORDERED that the appeal from the order dated November 16, 2009, which dismissed the petition 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