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  5. 196 A.D.3d 405 (2021)
 

MATTER OF JABUKI M. v. NICOLE B.

Docket Nos. V-7586-16, V-7586-17A, V-31368-16, V-6751-17. Appeal No. 14147. Case No. 2020-04276.

196 A.D.3d 405 (2021)

146 N.Y.S.3d 773

2021 NY Slip Op 04190

In the Matter of Jabuki M., Appellant, v. Nicole B., Respondent.

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

Decided July 1, 2021.

Attorney(s) appearing for the Case

Larry Bachner , New York, for appellant.

Kenneth M. Tuccillo , Hastings on Hudson, for respondent.

Janet Neustaetter , The Children's Law Center, Brooklyn ( Rachel J. Stanton of counsel), attorney for the child.

Concur—Renwick, J.P., Gische, Oing, Mendez, JJ.

No appeal lies from an order entered upon the default of the appealing party (see Matter of Derick B. v Catherine L., 155 A.D.3d 511, 512 [1st Dept 2017]). Where a party has defaulted, the remedy is not an appeal, but a motion to vacate the default, making a showing of a meritorious action and a reasonable excuse for the default in appearance and, if that is denied, to appeal from the...

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