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MATTER OF NEIL F.J. v. MARIA I.M.

Docket No. V17999-10/19C. Appeal No. 16273. Case No. 2021-04249.

208 A.D.3d 1101 (2022)

174 N.Y.S.3d 699

2022 NY Slip Op 05273

In the Matter of Neil F.J., Respondent, v. Maria I.M., Appellant.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Larry S. Bachner , New York, for appellant.

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for respondent.

Leslie S. Lowenstein , Woodmere, attorney for the child.

Concur— Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Family Court found that the mother had defaulted by failing to timely appear for the continued hearing, despite a history of lateness and warnings that a default would be entered if she did not timely appear. Respondent's proffered reason for her default at the remote hearings—nonfunctioning internet service —was reasonable. Nevertheless, no appeal lies from an order entered on default (CPLR 5511; Liberty Community...

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