Matter of Kimberly Carolyn J. Towanna Edna J.

Matter of Kimberly Carolyn J. Towanna Edna J.

Motion No: 364

Slip Opinion No: 2007 NYSlipOp 68617

Decided on May 3, 2007

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Kimberly Carolyn J. et al., &c. Towanna Edna J., Appellant, Cardinal McCloskey Services for Children, Respondent.

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from the dispositional orders entered upon default, dismissed upon the ground that no appeal lies from an Appellate Division order dismissing an appeal from an order entered upon default (see CPLR 5511); motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Family Court's denial of the motion to vacate, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution.

Motion for poor person relief dismissed as academic.

Chief Judge Kaye took no part.