| MATTER OF TINA M. CARROLL V KAREN L. HEALY AND WINFRED M. RUSAW, JR. |
| Motion No: CAF 09-02625 |
| Slip Opinion No: 2010 NY Slip Op 62003(U) |
| Decided on January 19, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02625
DOCKET NO. V-03883-08-08A & B
| MATTER OF TINA M. CARROLL, PETITIONER-RESPONDENT, V KAREN L.
HEALY, RESPONDENT, AND WINFRED M. RUSAW, JR., RESPONDENT-APPELLANT. |
Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on December 3, 2008,
Now, upon reading and filing the affidavit of Winfred M. Rusaw, Jr., sworn to December 21, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR § 5511).
Entered: January 19, 2010
PATRICIA L. MORGAN, Clerk