IN RE RHODES

Motion by Jennifer Rhodes and Benjamin Rhodes, inter alia, to dismiss the appeal on the ground, among other things, that the appellants are not aggrieved by the portion of the decree appealed from. By decision and order on motion of this Court dated March 24, 2010, that branch of the motion which was to dismiss the appeal on the ground, inter alia, that the appellants are not aggrieved by the decree appealed from was referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is

Ordered that the branch of the motion which was to dismiss the appeal on the ground, inter alia, that the appellants are not aggrieved by the portion of the decree appealed from is granted; and it is further,

Ordered that the appeal is dismissed, without costs or disbursements.

Since the appellants effectively defaulted in the underlying proceeding, they are not aggrieved by the portion of the decree which was entered upon their default. Accordingly, the appeal must be dismissed ( see CPLR 5511).