| Matter of Barreto v Hernandez |
| Motion No: 2018-03305 |
| Slip Opinion No: 2018 NY Slip Op 75249(U) |
| Decided on June 15, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M251417
E/afa
MARK C. DILLON, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2018-03305 In the Matter of Lizbeth Barreto, respondent, v Roberto Hernandez, appellant. (Docket No. V-10366-17)
| DECISION & ORDER ON MOTION |
Appeal by Roberto Hernandez from an order of the Family Court, Westchester County, dated February 13, 2018. By order to show cause dated April 9, 2018, 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 proceeding 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).
DILLON, J.P., ROMAN, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court