| MATTER OF TALYNN W. |
| Motion No: CAF 10-02446 |
| Slip Opinion No: 2011 NY Slip Op 62965(U) |
| Decided on January 26, 2011 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND GORSKI, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-02446
DOCKET NO. B-08908-10
| MATTER OF TALYNN W. MONROE COUNTY DEPARTMENT OF HUMAN
SERVICES, PETITIONER-RESPONDENT; MARIE W., RESPONDENT-APPELLANT. |
The attorney for the child having moved to dismiss the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 7, 2010,
Now, upon reading and filing the affirmation of Tanya Conley, Esq., dated January 10, 2011, the notice of motion with proof of service thereof,, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that no appeal lies from an order entered upon default (see CPLR § 5511).
Memorandum: Appellant's remedy is to move in Family Court to vacate the order.
Entered: January 26, 2011
PATRICIA L. MORGAN, Clerk