Opinion
DOCKET NO. CAF 13-00376 DOCKET NO. V-01711-12
04-02-2013
MATTER OF SHERRY M. PHELPS, PETITIONER-APPELLANT, v. JOSEPH A. CHASE AND STACEY E. CHASE, RESPONDENTS-RESPONDENTS.
PRESENT: , J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, 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, Jefferson County, entered in the Office of the Clerk of said Court on November 19, 2012,
Now, upon reading and filing the affidavit of Sherry M. Phelps, sworn to February 12, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed December 24, 2012, shall be treated as valid as to the order of Family Court entered February 21, 2013, and
It is further 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).
FRANCES E. CAFARELL, Clerk