Opinion
Motion No: CAF 11-01562 DOCKET NO. V-18576-10
09-07-2011
MATTER OF SHONTRAIL MAYE, PETITIONER-APPELLANT, v. BRITTANY JOHNSON, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
Petitioner-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, Erie County, entered in the Office of the Clerk of said Court on July 14, 2011,
Now, upon reading and filing the affidavit of Shontrail Maye, sworn to August 2, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the appeal is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR § 5511).
PATRICIA L. MORGAN, Clerk