| Matter of R. (Anonymous), Orazio; New York Foundling Hospital |
| Motion No: 2023-03307 |
| Slip Opinion No: 2023 NY Slip Op 72687(U) |
| Decided on September 1, 2023 |
| 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
M290822
AFA/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
HELEN VOUTSINAS
LILLIAN WAN, JJ.
|
2023-03307 In the Matter of Orazio R. (Anonymous). New York Foundling Hospital, petitioner-respondent Nanci P. (Anonymous), respondent-appellant. (Docket No. B-2213-2020)
| DECISION & ORDER ON MOTION ; |
Appeal from an order of the Family Court, Richmond County, dated March 10, 2023. By order to show cause dated April 24, 2023, 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; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order dated March 10, 2023, is deemed to be a premature notice of appeal from an order of fact-finding and disposition of the Family Court, Richmond County, dated April 5, 2023 (see CPLR 5520[c]).
CONNOLLY, J.P., MALTESE, VOUTSINAS and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court