Matter of Carrasco v. Cruz

Appeal from an order of the Family Court, Westchester County (Michelle I. Schauer, J.), entered May 6, 2015. The order, insofar as appealed from, denied those branches of Jose Alberto Cruz’s cross motion which were pursuant to CPLR 5015 (a) (4) to vacate an order of protection of that court (David Klein, J.) entered July 29, 2014, after an inquest held upon his failure to appear, and, thereupon, dismiss the petition, or, in the alternative, for a hearing to determine whether he was properly served with process pursuant to CPLR 308 (1).

Ordered that the order entered May 6, 2015, is reversed…