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Matter of Harold

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 1029 (N.Y. App. Div. 1995)

Opinion

November 15, 1995

Present — Pine, J.P., Balio, Lawton, Fallon and Doerr, JJ.


Motions to dismiss appeal on the ground that no appeal lies from an order entered on default denied and motion for permission to proceed as poor person and for assignment of counsel denied with leave to renew upon submission by appellant of current financial affidavit. Memorandum: Where a party fails to appear for a hearing but is represented by counsel, the order is not one entered upon the default of the aggrieved party and appeal is not precluded ( see, CPLR 321 [a]; 5511; Family Ct Act § 1118).


Summaries of

Matter of Harold

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 1029 (N.Y. App. Div. 1995)
Case details for

Matter of Harold

Case Details

Full title:In the Matter of KWASI S. HAROLD S., Appellant. ERIE COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1995

Citations

221 A.D.2d 1029 (N.Y. App. Div. 1995)
634 N.Y.S.2d 579

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