Cummings v. Wright

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Kings County (Segal, J.), dated October 19, 2000, which, upon her default in appearing at a hearing, awarded custody of the subject child to the petitioner, and (2) an order of the same court dated December 13, 2000, which denied her motion to vacate the order dated October 19, 2000.

*355Ordered that the appeal from the order dated October 19, 2000, is dismissed, without costs or disbursements, as no appeal lies from an order made upon the default of the appealing party…