Matter of Loccisano v Sample
Motion No: 2013-09162
Slip Opinion No: 2013 NY Slip Op 94987(U)
Decided on December 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M166799

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2013-09162

In the Matter of Wendy Loccisano, respondent,

v Willis Sample III, appellant.

(Docket No. V-13390-13)

DECISION & ORDER ON MOTION

Appeal by Willis Sample III from an order of the Family Court, Suffolk County, dated September 6, 2013. By order to show cause dated October 28, 2013, 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 appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of an appealing party.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511).

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court