| MATTER OF GARY R. LATRAY, JR. V TARA J. RUSTON INDEX NO. 2015 FC 12 |
| Motion No: CAF 15-00633 |
| Slip Opinion No: 2015 NY Slip Op 73792(U) |
| Decided on May 19, 2015 |
| 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: PERADOTTO, J.P., LINDLEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-00633
DOCKET NO. V-00442-14-14A
| MATTER OF GARY R. LATRAY, JR., PETITIONER-RESPONDENT, V TARA J.
RUSTON, RESPONDENT-APPELLANT. INDEX NO. 2015 FC 12 |
Respondent-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 Supreme Court, Onondaga County, entered in the Office of the Clerk of said Court on March 13, 2015,
Now, upon reading and filing the affidavit of Tara Ruston, sworn to March 31, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon default (see CPLR § 5511).
Entered: May 19, 2015
FRANCES E. CAFARELL, Clerk