Opinion
2021-05892 V-14882-2015/2021E V-14882-2015/2021F
01-05-2022
In the Matter of Michael Phillip Wagner, appellant, v. Emily Christine Del Valle, respondent.
M280804 AFA/
COLLEEN D. DUFFY, J.P. FRANCESCA E. CONNOLLY LARA J. GENOVESI WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Westchester County, dated July 13, 2021. By order to show cause dated August 23, 2021, 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.
DUFFY, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.