Opinion
11796 Dkt. V-43149-15/16A
07-09-2020
In re YASMIN A., Petitioner–Respondent, v. PATRICIA S., Respondent–Appellant.
Bruce A. Young, New York, for appellant. Andrew J. Baer, New York, for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Bruce A. Young, New York, for appellant.
Andrew J. Baer, New York, for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Friedman, J.P., Renwick, Gische, Mazzarelli, Moulton, JJ.
Appeal from order, Family Court, New York County (Machelle Sweeting, J.), entered on or about July 19, 2017, which, upon respondent mother's default, granted the grandmother's petition for modification of a 2016 order of custody and visitation, granted the grandmother sole decision-making authority with respect to the subject child, and awarded the mother daytime visits on alternate Saturdays, unanimously dismissed, without costs, as taken from a nonappealable paper.
The appeal is dismissed because the mother failed to appear at two consecutive court appearances, her counsel had no excuse for her absence, and thereafter declined to participate. The mother never moved to vacate her default (see CPLR 5511 ; Matter of Michael B.M. v. Gnama I., 118 A.D.3d 619, 987 N.Y.S.2d 848 [1st Dept. 2014] ).