Wiemann v. Malloy

Appellate Division of the Supreme Court of New York

Wiemann v. Malloy

15 A.D.3d 671, 789 N.Y.S.2d 917, 2005 N.Y. App. Div. LEXIS 2061

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 2005·Published

Opinion

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 CFLR 5511; Lawrence v Sotudeh, 5 AD3d 445 [2004]). Schmidt, J.E, Santucci, Crane and Skelos, JJ., concur.

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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 CFLR 5511; Lawrence v Sotudeh, 5 AD3d 445 [2004]). Schmidt, J.E, Santucci, Crane and Skelos, JJ., concur.

Wiemann v. Malloy, 15 A.D.3d 671, 789 N.Y.S.2d 917, 2005 N.Y. App. Div. LEXIS 2061 (N.Y. Ct. App. 2005).

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Opinion

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