| Matter of Clay v Wilder |
| Motion No: 2011-00125 |
| Slip Opinion No: 2011 NY Slip Op 66167(U) |
| Decided on March 8, 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
M116512
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
|
2011-00125 In the Matter of Daniel Clay, appellant, v Nadirah Wilder, respondent. (Docket No. V-451/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated July 20, 2010, as a poor person, and for the assignment of counsel.
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, on the ground that no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court