| Klein v Klein |
| Motion No: 2013-00372 |
| Slip Opinion No: 2013 NY Slip Op 67644(U) |
| Decided on March 18, 2013 |
| 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
M153118
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2013-00372 Norman Klein, respondent, v Marilyn Klein, defendant-appellant; Robyn Klein, etc., nonparty-appellant. (Index No. 41084/04)
| DECISION & ORDER ON MOTION |
Motion by Francine Shraga, attorney for the nonparty-appellant child, for leave to withdraw as counsel on appeals from an order of the Supreme Court, Kings County, dated October 11, 2012, and to appoint a new attorney to represent the nonparty-appellant child on the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by Marilyn Klein is dismissed, without costs or disbursements, as 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 without prejudice to seeking relief in the Supreme Court, Kings County.
ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court