| IN THE MATTER OF THOMAS MICHAEL NEUBECK V WENDY ALAYNE LEAKEY |
| Motion No: CAF 21-00390 |
| Slip Opinion No: 2021 NY Slip Op 64721(U) |
| Decided on April 7, 2021 |
| 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CAF 21-00390
Docket No: V-00799-17/20D
| IN THE MATTER OF THOMAS MICHAEL NEUBECK,
PETITIONER-APPELLANT, V WENDY ALAYNE LEAKEY, RESPONDENT-RESPONDENT. |
Petitioner-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, Livingston County, entered January 29, 2021,
Now, upon reading and filing the papers with respect to the motion, 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: April 7, 2021
Mark W. Bennett
Clerk of the Court