Opinion
Motion No. 2023-03307 Docket No. B-2213-2020
09-01-2023
In the Matter of Orazio R. (Anonymous). New York Foundling Hospital, petitioner-respondent Nanci P. (Anonymous), respondent-appellant.
Unpublished Opinion
MOTOPN DECISION
M290822
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, HELEN VOUTSINAS, LILLIAN WAN, JJ.
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.