Phuong Nguyen v. Ngoc Vo

Full title: IN THE MATTER OF PHUONG NGUYEN, PETITIONER-RESPONDENT, v. NGOC VO…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jun 29, 2020

2020 N.Y. Slip Op. 68017 (N.Y. App. Div. 2020)

Opinion

CAF 20-00508 CAF 20-00509 Docket No: O-04630-18

06-29-2020

IN THE MATTER OF PHUONG NGUYEN, PETITIONER-RESPONDENT, v. NGOC VO, RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeals taken herein from orders of the Family Court, Monroe County, entered September 12, 2018, and February 4, 2020,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal taken from the order of Family Court entered September 12, 2018 (CAF 20-00508) is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), and

It is further ORDERED that the appeal taken from the order of Family Court entered February 4, 2020 (CAF 20-00509) is dismissed on the ground that the order appealed from is not an order of disposition appealable as of right (see Family Court Act § 1112 [a]), and

It is further ORDERED that the motion is dismissed.

Entered: June 29, 2020

Mark W. Bennett

Clerk of the Court