Klein v. Klein

Full title: Norman Klein, respondent, v. Marilyn Klein, defendant-appellant; Robyn…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 18, 2013

2013 N.Y. Slip Op. 67644 (N.Y. App. Div. 2013)

Opinion

Motion No: 2013-00372 Index No. 41084/04M153118

03-18-2013

Norman Klein, respondent, v. Marilyn Klein, defendant-appellant; Robyn Klein, etc., nonparty-appellant.

RANDALL T. ENG

, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by Francine Shraga, attorney for the nonparty-appellant child, for leave to withdraw as counsel on appeals from an order of the Supreme Court, Kings County, dated October 11, 2012, and to appoint a new attorney to represent the nonparty-appellant child on the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal by Marilyn Klein is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied without prejudice to seeking relief in the Supreme Court, Kings County.

ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court