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MATTER OF GALLAGHER

289 A.D.2d 237 (2001)

734 N.Y.S.2d 847

In the Matter of MARY GALLAGHER, Also Known as MAE J. GALLAGHER, Respondent. JOHN B. WINGATE, Commissioner of Suffolk County Department of Social Services, Respondent; DAVID NEY, Nonparty Appellant.

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

Decided December 3, 2001.

Ordered that the appeal from the order and judgment is dismissed, with costs.

In August 1998, Mary Gallagher, a/k/a Mae Joan Gallagher, executed a deed transferring ownership of her house to David Ney and Allison Connor in exchange for $10,000. Although served with notice of the proceeding, David Ney failed to appear at the hearing resulting from a petition brought to determine Gallagher's mental capacity. No appeal lies from an order or judgment entered on the default...

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