Appellate Division: Second Judicial Department

M244056

E/afa

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2017-11158 Sonal Pathak, respondent, v Janak Shukla, appellant. (Index No. 203102/2007)

DECISION & ORDER ON MOTION

Motion by the attorney for the children to be relieved on an appeal from an undated order of the Supreme Court, Nassau County, and for the appointment of a new attorney for the children. By order to show cause dated November 9, 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 action 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, and upon the papers filed in support of the motion by the attorney for the children and no papers having been filed in opposition or in relation 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); and it is further,

ORDERED that the motion of the attorney for the children is denied as academic.

HALL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court