| Matter of Mc. (Anonymous) v ACS-Kings |
| Motion No: 2010-02186 |
| Slip Opinion No: 2010 NY Slip Op 67114(U) |
| Decided on March 31, 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. |
Appellate Division: Second Judicial Department
M100621
E/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2010-02186 In the Matter of Ray Mc. (Anonymous), Sr., appellant, v ACS-Kings, respondent. (Docket No. V-31776/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the inquest on the issue of damages pending hearing and determination of an appeal from an order of the Family Court, Kings County, June 29, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, 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; Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion is denied as academic.
COVELLO, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court