| Matter of Jennings v Dubose |
| Motion No: 2019-03014 |
| Slip Opinion No: 2019 NY Slip Op 69008(U) |
| Decided on April 26, 2019 |
| 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
M262272
E/mm
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
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2019-03014 In the Matter of Monique Jennings, petitioner- respondent, v Laiquan Dubose, respondent, Melanie R. Gamble, respondent-appellant. (Docket Nos. V-5146-18, V-5148-18)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated February 26, 2019, on the ground that no appeal lies from an order issued on the default of the appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the appeal is dismissed, without costs or disbursements, except for the appeal from the portion of the order which brings up for review the denial of the respondent-appellant's objection to the Family Court's determination to hold an inquest, and other matters which were subject of contest in the Family Court (see CPLR 5511; James v Powell, 19 NY2d 249, 256 n3), and the motion is otherwise denied.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court