| Matter of Boston v Lee |
| Motion No: 2014-00136 |
| Slip Opinion No: 2014 NY Slip Op 74565(U) |
| Decided on June 10, 2014 |
| 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
M175130
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-00136 In the Matter of Chester Boston, responden v Lisa Lee, appellant. (Docket No. V-490-11)
| DECISION & ORDER ON MOTION 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. By order to show cause dated April 17, 2014, the appellant was 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.
Now, upon the order to show cause and no papers having been 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; Matter of Geraldine Rose W., 196 AD2d 313); and it is further,
ORDERED that the appellant's motion is denied as academic.
SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court