MATTER OF KENDRA R. ERIE COUNTY DEP'T OF SOC SERVS.


248 A.D.2d 1030 (1998)

670 N.Y.S.2d 125

In the Matter of Kendra R. Erie County Department of Social Services, Respondent; Kevin R., Sr., Appellant. In the Matter of Kevin R. Erie County Department of Social Services, Respondent; Kevin R., Sr., Appellant. In the Matter of Kerry R. Erie County Department of Social Services, Respondent; Kevin R., Sr., Appellant. In the Matter of Kory R. Erie County Department of Social Services, Respondent; Kevin R., Sr., Appellant. In the Matter of Kody R. Erie County Department of Social Services, Respondent; Kevin R., Sr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 13, 1998


Motion for poor person relief and assignment of counsel denied and appeals dismissed.

Memorandum:

Respondent's counsel treated the orders extending placement as default orders and moved to vacate the defaults; that motion was denied. An order denying a motion to vacate a default is appealable (Walsh v Syms, 51 A.D.2d 645; see also, CPLR 5015 [a]), whereas an order entered upon default is not (see,

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