From Casetext: Smarter Legal Research

In re Orazio R.

Supreme Court of New York, Second Department
Sep 1, 2023
2023 N.Y. Slip Op. 72687 (N.Y. App. Div. 2023)

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Unpublished Opinion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.


Summaries of

In re Orazio R.

Supreme Court of New York, Second Department
Sep 1, 2023
2023 N.Y. Slip Op. 72687 (N.Y. App. Div. 2023)
Case details for

In re Orazio R.

Case Details

Full title:In the Matter of Orazio R. (Anonymous). New York Foundling Hospital…

Court:Supreme Court of New York, Second Department

Date published: Sep 1, 2023

Citations

2023 N.Y. Slip Op. 72687 (N.Y. App. Div. 2023)