Opinion
APPELLATE DIVISION DOCKET NO. CAF 17-01973 DOCKET NO. V-103-16 DOCKET NO. V-0103-16-16A
11-28-2017
MATTER OF JACLYN H. NEMES, PETITIONER-RESPONDENT, v. MARK C. TUTINO, II, RESPONDENT-APPELLANT. MATTER OF MARK C. TUTINO, II, PETITIONER-APPELLANT, v. JACLYN H. NEMES, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Steuben County, entered in the Office of the Clerk of said Court on February 8, 2017,
Now, upon reading and filing the affidavit of Susan BetzJitomir, Esq., sworn to November 8, 2017, 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: November 28, 2017
MARK W. BENNETT, Clerk