| Matter of Mahoney v Cuzco |
| Motion No: 2023-10663 |
| Slip Opinion No: 2024 NY Slip Op 77778(U) |
| Decided on November 1, 2024 |
| 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
M300398
KS/
ROBERT J. MILLER, J.P.
WILLIAM G. FORD
LAURENCE L. LOVE
DONNA-MARIE E. GOLIA, JJ.
|
2023-10663
In the Matter of Patrick J. Mahoney, Jr., appellant, v Deanna E. Cuzco, respondent. (Docket Nos. V-1845-2015/2022D, V-4501-2018/2022A)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Dutchess County, dated October 13, 2023. Motion by the respondent to dismiss the appeal on the grounds that no appeal lies from an order entered upon the default of the appealing party and that the appeal has been rendered academic or, in the alternative, to take judicial notice of certain material and for this Court to issue a judicial subpoena to obtain certain material.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the grounds that no appeal lies from an order entered upon the default of the appealing party is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., FORD, LOVE and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court