Opinion
14147 Dkt. Nos. V-7586-16, V-7586-17A, V-31368-16, V-6751-17 Case No. 2020–04276
07-01-2021
In the Matter of JABUKI M., Petitioner–Appellant, v. NICOLE B., Respondent–Respondent.
Larry Bachner, New York, for appellant. Kenneth M. Tuccillo, Hastings on Hudson, for respondent. Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the child.
Larry Bachner, New York, for appellant.
Kenneth M. Tuccillo, Hastings on Hudson, for respondent.
Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the child.
Renwick, J.P., Gische, Oing, Mendez, JJ.
Appeal from order, Family Court, Bronx County (Leticia M. Ramirez, J.), entered on or about March 16, 2020, which dismissed petitioner father's petition to find respondent mother in violation of a visitation order, unanimously dismissed, without costs, as taken from a nonappealable paper.
No appeal lies from an order entered upon the default of the appealing party ( see Matter of Derick B. v. Catherine L., 155 A.D.3d 511, 512, 65 N.Y.S.3d 40 [1st Dept. 2017] ). Where a party has defaulted, the remedy is not an appeal, but a motion to vacate the default, making a showing of a meritorious action and a reasonable excuse for the default in appearance and, if that is denied, to appeal from the order denying the motion to vacate ( see Figueroa v. Sanchez, 68 A.D.3d 418, 888 N.Y.S.2d 746 [1st Dept. 2009] ; Masone v. New York City Hous. Auth., 279 A.D.2d 323, 719 N.Y.S.2d 241 [1st Dept. 2001] ). To the extent the parties represent that they have stipulated to reinstate the father's petitions, the appeal is also subject to dismissal as moot ( see Matter of Sandra G. v. Victor P., 71 A.D.3d 588, 898 N.Y.S.2d 113 [1st Dept. 2010], lv dismissed 15 N.Y.3d 862, 909 N.Y.S.2d 693, 936 N.E.2d 460 [2010] ).
We have considered the father's remaining arguments and find them unavailing.