| Matter of Reyes v Plouff |
| Motion No: 2010-06168 |
| Slip Opinion No: 2011 NY Slip Op 62676(U) |
| Decided on January 28, 2011 |
| 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
M112834
E/sl
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2010-06168 In the Matter of Anthony Reyes, appellant, v Gabrielle Plouff, respondent. (Docket No. V-6487/09)
| DECISION & ORDER ON MOTION |
Appeal by Anthony Reyes from an order of the Family Court, Orange County, dated May 13, 2010. By order to show cause dated November 12, 2010, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-captioned appeal on the ground that the order appealed from was entered upon the default of the appellant.
Now, on the Court's own motion and the papers filed in response to the order to show cause, it is
ORDERED that 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).
FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court