IN RE NOELIA

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Docket Number

Nos. 2006-07376, 2006-07378, 2006-07380, 2006-07381.

Attorney(S)

Kenneth M. Tuccillo, Hastings-on-Hudson, N.Y., for appellant. Magovern Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for petitioner-respondent Abbott House, Inc. Steven Banks, New York, N.Y. (Judith Waksberg of counsel), Law Guardian for the children.

Judges

Reinaldo E. Rivera
Mark C. Dillon
Edward D. Carni

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In the Matter of AIDILES NOELIA A. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents; ANGELA A., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of JOSEPH ANTHONY S. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents; ANGELA A., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of JUSTIN TYLER S. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents; ANGELA A., Appellant, et al., Respondent. (Proceeding No. 3.) In the Matter of LISA MARIE S. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents; ANGELA A., Appellant, et al., Respondent. (Proceeding No. 4.).

Motion by the petitioner-respondent Abbott House, Inc., to dismiss appeals from four orders of the Family Court, Richmond County, all entered June 9, 2006, on the ground that no appeal lies from an order entered upon the default of the appealing party. By decision and order on motion of this Court dated September 12, 2007 [2007 NY Slip Op 7778(U)], the motion to dismiss the appeals was held in abeyance and was referred to the Justices hearing the appeals for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the submission of the appeals, it is,

Ordered that the motion is granted and the appeals are dismissed.

Since the orders appealed from were entered upon the default of the mother in appearing at the fact-finding and dispositional hearings, they are not appealable ( see CPLR 5511; Matter of Brandon O., 41 AD3d 482; Matter of Geraldine Rose W, 196 AD2d 313, 317).

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