| Matter of Wagner v Del Valle |
| Motion No: 2021-05892 |
| Slip Opinion No: 2022 NY Slip Op 60092(U) |
| Decided on January 5, 2022 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M280804
AFA/
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
|
2021-05892 In the Matter of Michael Phillip Wagner, appellant, v Emily Christine Del Valle, respondent. (Docket No. V-14882-2015/2021E, 2021F)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Westchester County, dated July 13, 2021. By order to show cause dated August 23, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied.
DUFFY, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court