Opinion
12902N Dkt. No. 307079/12 Case No. 2018-5656
01-19-2021
KHALID MARIO B., Plaintiff-Respondent, v. ROSA YAU CHI WAI B., Defendant-Appellant.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Webber, J.P., Mazzarelli, Gonza´lez, Scarpulla, Shulman, JJ.
Appeal from order, Supreme Court, New York County (Lori S. Sattler, J.), entered April 5, 2018, which granted the receiver's motion to compel defendant to vacate the former marital residence, unanimously dismissed, without costs.
Having been entered upon defendant's default, the order may not be directly appealed (see Campbell v. Records Access Officer of N.Y. City Police Dept., 221 A.D.2d 201, 633 N.Y.S.2d 174 [1st Dept. 1995] ).
Application by defendant's assigned counsel to withdraw is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967] ; People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 [1st Dept. 1976] ). The record demonstrates that there are no nonfrivolous issues that could have been raised on appeal in any event. We agree with counsel that defendant's unrefuted and continuing refusal to cooperate in, and her obstruction of, the ordered sale of the marital residence and the distribution of the proceeds warranted the order to compel her to vacate the premises (see Muller v. Muller, 233 A.D.2d 486, 487, 650 N.Y.S.2d 290 [2d Dept. 1996] ).