Opinion
Motion No: 2010-10357 Docket No. O-17737/10 M126182
09-23-2011
In the Matter of Brocha B. (Anonymous), respondent, v. Levi Y. B. (Anonymous), appellant.
, J.P.
REINALDO E. RIVERA
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated January 7, 2011, which dismissed an appeal from an order of the Family Court, Kings County, dated October 14, 2010, and replace the order with an order containing an anonymous caption.
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 motion is granted, the decision and order on motion of this Court dated January 7, 2011, in the above-entitled case is recalled and vacated, the caption is amended to an anonymous caption, and the following decision and order on motion is substituted therefor:
Appeal by Levi Y. B. from an order of the Family Court, Kings County, dated October 14, 2010.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342).
MASTRO, J.P., RIVERA, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court