| MATTER OF SIMIER J. |
| Motion No: CAF 11-02139 |
| Slip Opinion No: 2011 NY Slip Op 91816(U) |
| Decided on November 29, 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: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-02139
DOCKET NO. B-02385-11
| MATTER OF SIMIER J. ERIE COUNTY DEPARTMENT OF SOCIAL
SERVICES, PETITIONER-RESPONDENT; REGINA J., RESPONDENT-APPELLANT. |
The attorney for the child having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on September 9, 2011,
Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated October 19, 2011, and 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: November 29, 2011
PATRICIA L. MORGAN, Clerk