| Matter of Huasco v Chimborazo |
| Motion No: 2022-06738 |
| Slip Opinion No: 2022 NY Slip Op 75170(U) |
| Decided on December 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
M286267
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
LARA J. GENOVESI
BARRY E. WARHIT, JJ.
|
2022-06738 In the Matter of Juan Marcial Huasco, petitioner-respondent, v Mario Loja Chimborazo, appellant, et al., respondent. (Docket No. V-1026-2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Rockland County, dated June 6, 2022. By order to show cause dated September 26, 2022, 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.
BRATHWAITE NELSON, J.P., WOOTEN, GENOVESI and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court