Legal Opinion

Gina C. v. Michael C.

Appellate Division of the Supreme Court of the State of New York

Decided September 22, 2011Published

1Opinion of the Court

Respondent failed to oppose or otherwise address the motion. Thus, the order was entered upon default and is not appealable (CPLR 5511; Matter of Anthony M.W.A. [Micah W.A.], 80 AD3d 476 [2011]; Matter of Jessenia Shanelle R. [Wanda Y.A.], 68 AD3d 558 [2009]). Respondent’s remedy was to move before Family Court to vacate his default and, if the motion were denied, to appeal from the order denying it (Matter of Shabazz v Blackmon, 274 AD2d 770, 771 [2000], lv dismissed 95 NY2d 945 [2000]).

In any event, this Court could not have conducted a meaningful review of this matter because respondent…

2Cases cited5 opinions

  1. Sebag v. NarvaezAppellate Division of the Supreme Court of the State of New York · 2009
  2. Shabazz v. BlackmonAppellate Division of the Supreme Court of the State of New York · 2000
  3. Lynch v. Consolidated Edison, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. In re Anthony M.W.A.Appellate Division of the Supreme Court of the State of New York · 2011
  5. In re Shanelle R.Appellate Division of the Supreme Court of the State of New York · 2009

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