Opinion
2002-02771, 2002-02772
Argued September 29, 2003.
October 20, 2003.
In two related proceedings, inter alia, for custody and visitation pursuant to Family Court Act article 6, the father appeals from (1) an order of the Family Court, Kings County (Turbow, J.), dated February 20, 2002, which, upon his default in appearing at the hearing, awarded sole custody of the parties' child to the mother and limited his visitation to supervised visitation, and (2) an order of the same court, also dated February 20, 2002, which awarded the mother an order of protection compelling him to stay away from her and the child except in connection with the court-ordered visitation.
Francine Shraga, Brooklyn, N.Y., for appellant.
Karasik Einbinder, LLP, New York, N.Y. (Robin Stone Einbinder of counsel), for respondent (no brief filed).
Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine of counsel), Law Guardian for the child.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the appeals are dismissed, without costs or disbursements.
No appeal lies from an order made upon the default of the appealing party ( see CPLR 5511; Matter of Geraldine Rose W., 196 A.D.2d 313; Matter of Zagary George Bayne G., 185 A.D.2d 320; Matter of Mitchell v. Morris, 177 A.D.2d 579).
Further, no appeal lies from an order entered ex parte ( see Bailen v. Jones, 102 A.D.2d 859).
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.