| MATTER OF SHERRY M. PHELPS V JOSEPH A. CHASE AND STACEY E. CHASE |
| Motion No: CAF 13-00376 |
| Slip Opinion No: 2013 NY Slip Op 69489(U) |
| Decided on April 2, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 13-00376
DOCKET NO. V-01711-12
| MATTER OF SHERRY M. PHELPS,
PETITIONER-APPELLANT, V JOSEPH A. CHASE AND STACEY E.
CHASE, RESPONDENTS-RESPONDENTS. |
Petitioner-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Jefferson County, entered in the Office of the Clerk of said Court on November 19, 2012,
Now, upon reading and filing the affidavit of Sherry M. Phelps, sworn to February 12, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed December 24, 2012, shall be treated as valid as to the order of Family Court entered February 21, 2013, and
It is further ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR § 5511).
Entered: April 2, 2013
FRANCES E. CAFARELL, Clerk