Esther Y. v. Edward C.

Full title: In re ESTHER Y., Petitioner–Appellant, v. EDWARD C., Respondent–Respondent.

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Feb 27, 2014

114 A.D.3d 620 (N.Y. App. Div. 2014)

2014 N.Y. Slip Op. 1398

980 N.Y.S.2d 767

Opinion

2014-02-27

In re ESTHER Y., Petitioner–Appellant, v. EDWARD C., Respondent–Respondent.

Claire B. Chico, P.C., New York (Claire B. Chico of counsel), for appellant. The Edelsteins, Faegenburg & Brown LLP, New York (Adam J. Edelstein of counsel), for respondent.

Claire B. Chico, P.C., New York (Claire B. Chico of counsel), for appellant. The Edelsteins, Faegenburg & Brown LLP, New York (Adam J. Edelstein of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.

Appeal from order, Family Court, New York County (Jody Adams, J.), entered on or about October 16, 2012, which dismissed the petition to change custody and modified the visitation provisions of the parties' Amended Judgment of Divorce, unanimously dismissed, without costs, as taken from a nonappealable paper.

No appeal lies from the order since it was entered upon petitioner's default in appearing at the hearing to determine whether the change in custody she requested was warranted ( see CPLR 5511; Matter of Anthony M.W.A. [Micah W.A.], 80 A.D.3d 476, 913 N.Y.S.2d 916 [1st Dept.2011] ). MAZZARELLI, J.P., ACOSTA, RENWICK, FREEDMAN, MANZANET–DANIELS, JJ., concur.