Appellate Division of the Supreme Court of New York, 1995

In re Kwasi S.

In re Kwasi S.
Appellate Division of the Supreme Court of New York · Decided November 15, 1995
221 A.D.2d 1029; 634 N.Y.S.2d 579; 1995 N.Y. App. Div. LEXIS 13652
In re Kwasi S.

Opinion of the Court

—Motions to dismiss appeal on the ground that no appeal lies from an order entered on default denied and motion for permission to proceed as poor person and for assign*1030ment of counsel denied with leave to renew upon submission by appellant of current financial affidavit. Memorandum: Where a party fails to appear for a hearing but is represented by counsel, the order is not one entered upon the default of the aggrieved party and appeal is not precluded (see, CPLR 321 [a]; 5511; Family Ct Act § 1118). Present—Pine, J. P., Balio, Law-ton, Fallon and Doerr, JJ.

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