Opinion
Motion No. 2023-10663 Docket Nos. V-1845-2015/2022D V-4501-2018/2022A
11-01-2024
In the Matter of Patrick J. Mahoney, Jr., appellant, v. Deanna E. Cuzco, respondent.
Unpublished Opinion
MOTION DECISION
M300398
ROBERT J. MILLER, J.P., WILLIAM G. FORD, LAURENCE L. LOVE, DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Dutchess County, dated October 13, 2023. Motion by the respondent to dismiss the appeal on the grounds that no appeal lies from an order entered upon the default of the appealing party and that the appeal has been rendered academic or, in the alternative, to take judicial notice of certain material and for this Court to issue a judicial subpoena to obtain certain material.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the grounds that no appeal lies from an order entered upon the default of the appealing party is granted and the appeal is dismissed, without costs or disbursements; and it is further, ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., FORD, LOVE and GOLIA, JJ., concur.