Appellate Division: Second Judicial Department

M292516

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2022-07196 Antoinette Antonucci, respondent, v Reginald Bell, appellant. (Index No. 150003/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Richmond County, dated July 29, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated September 8, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court