| Matter of Wiemann v Malloy |
| 2005 NY Slip Op 01551 [15 AD3d 671] |
| February 28, 2005 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Linda Wiemann, Respondent, v Christopher Malloy, Appellant. |
—[*1]In a family offense proceeding pursuant to Family Court Act article 8, Christopher Malloy appeals from an order of the Family Court, Nassau County (Marks, J.), dated April 7, 2004, which granted the petition for an order of protection upon his default in appearing.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal from the order dated April 7, 2004, must be dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Lawrence v Sotudeh, 5 AD3d 445 [2004]). Schmidt, J.P., Santucci, Crane and Skelos, JJ., concur.