| Matter of Esther Y. v Edward C. |
| 2014 NY Slip Op 01398 [114 AD3d 620] |
| February 27, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Esther Y., Appellant, v Edward C., Respondent. |
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The Edelsteins, Faegenburg & Brown LLP, New York (Adam J. Edelstein of
counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of
counsel), attorney for the child.
Appeal from order, Family Court, New York County (Jody Adams, J.), entered on or about October 16, 2012, which dismissed the petition to change custody and modified the visitation provisions of the parties' amended judgment of divorce, unanimously dismissed, without costs, as taken from a nonappealable paper.
No appeal lies from the order since it was entered upon petitioner's default in appearing at the hearing to determine whether the change in custody she requested was warranted (see CPLR 5511; Matter of Anthony M.W.A. [Micah W.A.], 80 AD3d 476 [1st Dept 2011]). Concur—Mazzarelli, J.P., Acosta, Renwick, Freedman and Manzanet-Daniels, JJ.