| MATTER OF JAMES D.L. |
| Motion No: CAF 09-02591 |
| Slip Opinion No: 2010 NY Slip Op 72597(U) |
| Decided on May 24, 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: CENTRA, J.P., FAHEY, SCONIERS, GREEN, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-02591
DOCKET NO. B-3266-09
| MATTER OF JAMES D.L. MONROE COUNTY DEPARTMENT OF HUMAN
SERVICES, PETITIONER-RESPONDENT; HEATHER L., RESPONDENT-APPELLANT. |
The attorney for the child having moved to dismiss the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 4, 2009,
Now, upon reading and filing the affirmation of Tanya Conley, Esq., dated May 13, 2010, the notice of motion with proof of service thereof, the affirmation of Peter A. Essley, Esq., dated May 17, 2010, the affirmation of Grazina Myers, Esq., dated May 20, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that no appeal lies from an order entered upon default (see CPLR § 5511).
Entered: May 24, 2010
PATRICIA L. MORGAN, Clerk