| MATTER OF JACLYN H. NEMES V MARK C. TUTINO, II |
| Motion No: CAF 17-01973 |
| Slip Opinion No: 2017 NY Slip Op 93913(U) |
| Decided on November 28, 2017 |
| 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: WHALEN, P.J., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 17-01973
DOCKET NO. V-103-16
DOCKET NO. V-0103-16-16A
| MATTER OF JACLYN H. NEMES, PETITIONER-RESPONDENT, V MARK C.
TUTINO, II, RESPONDENT-APPELLANT. MATTER OF MARK C. TUTINO, II, PETITIONER-APPELLANT, V JACLYN H. NEMES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on February 8, 2017,
Now, upon reading and filing the affidavit of Susan BetzJitomir, Esq., sworn to November 8, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the appeal is dismissed on the ground that no appeal lies from an order entered upon default (see CPLR 5511), and
It is further ORDERED that the motion is dismissed.
Entered: November 28, 2017
MARK W. BENNETT, Clerk