Matter of Yasmin A. v Patricia S.
2020 NY Slip Op 03864 [185 AD3d 457]
July 9, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2020


[*1]
 In the Matter of Yasmin A., Respondent,
v
Patricia S., Appellant.

Bruce A. Young, New York, for appellant.

Andrew J. Baer, New York, 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 (Machelle Sweeting, J.), entered on or about July 19, 2017, which, upon respondent mother's default, granted the grandmother's petition for modification of a 2016 order of custody and visitation, granted the grandmother sole decision-making authority with respect to the subject child, and awarded the mother daytime visits on alternate Saturdays, unanimously dismissed, without costs, as taken from a nonappealable paper.

The appeal is dismissed because the mother failed to appear at two consecutive court appearances, her counsel had no excuse for her absence, and thereafter declined to participate. The mother never moved to vacate her default (see CPLR 5511; Matter of Michael B.M. v Gnama I., 118 AD3d 619 [1st Dept 2014]). Concur—Friedman, J.P., Renwick, Gische, Mazzarelli, Moulton, JJ.