Appellate Division: Second Judicial Department

M309473

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-02500, 2024-04230 In the Matter of Roman Brik, appellant, v Ilana Stroutsovsky, respondent. (Proceeding No. 1) (Appeal Nos. 1 and 2) In the Matter of Ilana Stroutsovsky, respondent, v Roman Brik, appellant. (Proceeding No. 2) (Appeal No. 1) (Docket Nos. V-1268-2020/2022A, V-1268-2020/2022B, V-1269-2020/2022A, V-1269-2020/2022B)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Richmond County, dated February 28, 2024, and April 26, 2024, respectively. Motion by the respondent to dismiss the appeal from the order dated February 28, 2024, on the ground that no appeal lies from an order issued upon the default of the appealing party and, in effect, to strike the appellant's brief on the ground that the brief is inadequate.

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 branch of the motion which is to dismiss the appeal from the order dated February 28, 2024, on the ground that no appeal lies from an order issued upon the default of the appealing party is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike the appellant's brief on the ground that the brief is inadequate is denied.

DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court