| Matter of Dayan v Dayan |
| Motion No: 2010-07306 |
| Slip Opinion No: 2010 NY Slip Op 84062(U) |
| Decided on October 4, 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
M109165
E/ct
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2010-07306 In the Matter of Richard Dayan, appellant, v Esther Deborah Dayan, respondent. (Docket No. V-3099/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 23, 2010, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., COVELLO, DICKERSON and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court