Matter of Peek v Peek
Motion No: 2017-04141
Slip Opinion No: 2017 NY Slip Op 78704(U)
Decided on June 29, 2017
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

M233731

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-04141

In the Matter of Darryl C. Peek, appellant,

v Carol Tracy-Ann Peek, respondent.

(Docket Nos. V-10017-08/16K, V-10017-08/16KJ)

DECISION & ORDER ON MOTION

Appeal by Darryl C. Peek from an order of the Family Court, Nassau County, dated February 28, 2017. By order to show cause dated April 27, 2017, the parties 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 proceedings on the ground that no appeal lies from an order entered upon the default of the 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., DILLON, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court