Appellate Division: Second Judicial Department

M172661

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-00136 In the Matter of Chester Boston, responden v Lisa Lee, appellant. (Docket No. V-490-11)

ORDER TO SHOW CAUSE t,

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated November 25, 2013, 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 appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order entered upon the default of an appealing party (see CPLR 5511; Matter of Geraldine Rose W., 196 AD2d 313), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 8, 2014; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the parties or their attorneys, and upon the appellant, by regular mail.

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court