| MATTER OF DE'AMARI B.W. AND LAKARIE B.W. |
| Motion No: CAF 11-00082 |
| Slip Opinion No: 2011 NY Slip Op 65612(U) |
| Decided on March 1, 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: PERADOTTO, J.P., LINDLEY, SCONIERS, GORSKI, AND MARTOCHE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-00082
DOCKET NO. B-07567-10, B-07568-10
| MATTER OF DE'AMARI B.W. AND LAKARIE B.W. MONROE COUNTY
DEPARTMENT OF HUMAN SERVICES; PETITIONER-RESPONDENT; HOWARD W.,
RESPONDENT-APPELLANT. |
Petitioner-respondent 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 1, 2010,
Now, upon reading and filing the affirmation of Carol L. Eisenman, Esq., dated January 21, 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: March 1, 2011
PATRICIA L. MORGAN, Clerk