Matter of Gilard-Sullivan v Sullivan
Motion No: 2012-02931
Slip Opinion No: 2012 NY Slip Op 85147(U)
Decided on September 21, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M143875

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-02931

In the Matter of Ann Gilard-Sullivan, etc.,

respondent, v Sean Sullivan, appellant.

(Docket No. F-9777-11)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated July 31, 2012, as dismissed an appeal from an order of the Family Court, Kings County, dated February 16, 2012, on the ground that no appeal lies from an order entered upon the default of the appealing party, and to reinstate the appeal.

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 the motion is denied.

RIVERA, J.P., FLORIO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court