Doria v. Doria

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of the Family Court, Nassau County (Robbins, J), dated January 13, 2005, which denied the father’s motion to vacate a permanent order of protection of the same court (Ayres, J.), dated December 13, 2004, entered upon his default in appearing for a hearing.

Ordered that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see Family Ct Act § 1112 [a]); and it is further,

Ordered that the order is reversed, on the facts…