MATTER OF GINA C. v. MICHAEL C.

5545

87 A.D.3d 917 (2011)

932 N.Y.S.2d 334

2011 NY Slip Op 6529

In the Matter of GINA C., Respondent, v. MICHAEL C., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 22, 2011.


Respondent failed to oppose or otherwise address the motion. Thus, the order was entered upon default and is not appealable (CPLR 5511; Matter of Anthony M.W.A. [Micah W.A.], 80 A.D.3d 476 [2011]; Matter of Jessenia Shanelle R. [Wanda Y.A.], 68 A.D.3d 558 [2009]). Respondent's remedy was to move before Family Court to vacate his default and, if the motion were denied, to appeal from the...

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