| MATTER OF SARA L. DONK V MICHAEL J. SCHRADER |
| Motion No: CAF 18-00850 |
| Slip Opinion No: 2018 NY Slip Op 73736(U) |
| Decided on May 22, 2018 |
| 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., PERADOTTO, NEMOYER, CURRAN, AND TROUTMAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 18-00850
DOCKET NO. O-01901-18
| MATTER OF SARA L. DONK, PETITIONER-RESPONDENT, V MICHAEL J.
SCHRADER, RESPONDENT-APPELLANT. |
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 Family Court, Monroe County, entered in the Office of the Clerk of said Court on March 23, 2018,
Now, upon reading and filing the affidavit of Michael J. Schrader, sworn to May 1, 2018, 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 the default of the appealing party (see CPLR 5511), and
It is further ORDERED that the motion is dismissed.
Entered: May 22, 2018
MARK W. BENNETT, Clerk