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MATTER OF EDDIE J

Appellate Division of the Supreme Court of New York, Second Department.
Jun 5, 2000
Important Paras
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DECISION ORDER

ORDERED that the appeal from the order dated December 10, 1997, is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the appeal from the order dated May 5, 1998, is dismissed, without costs or disbursements.

The appeal from the order dated December 10, 1997, was rendered academic by the subsequent fact-finding order dated May 5, 1998 (see, Matter of S. [Philip D.] v. Francine B., 265 A.D.2d 212; Matter of Rasheeda L. [Annie G.], 264 A.D.2d 649; Matter of Meldoy B. [Mary Ann B.], 234 A.D.2d 1005; Matter of Terrell H. [Alberta F.], 197 A.D.2d 372, 373; Matter of Toni "WW", 52 A.D.2d 108, 111).

Since the fact-finding order dated May 5, 1998, was entered upon the default of the mother in appearing at the fact-finding hearing, the finding of neglect cannot be reviewed because no appeal lies from an order entered on the default of the appealing party (see, CPLR 5511; Matter of Chavi S., 269 A.D.2d 454 [2d Dept., Feb. 14, 2000]; Matter of Vanessa M. [Robert M.], 263 A.D.2d 542).