Opinion
APPELLATE DIVISION DOCKET NO. CAF 17-00052 DOCKET NO. V-329-14-16A
01-19-2017
MATTER OF SUSANNE M. GALLAGHER, PETITIONER-RESPONDENT, v. SEAN C. PHELAN, RESPONDENT-APPELLANT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, DEJOSEPH, AND NEMOYER, JJ.
Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on November 14, 2016,
Now, upon reading and filing the affidavit of Sean C. Phelan, sworn to December 5, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the appeal is dismissed on the ground that no appeal lies from an order entered upon default (see CPLR 5511), and
It is further ORDERED that the motion is dismissed.
Entered: January 19, 2017
FRANCES E. CAFARELL, Clerk