Appellate Division of the Supreme Court of New York, 1998

In re Kendra R. Erie County Department of Social Services

In re Kendra R. Erie County Department of Social Services
Appellate Division of the Supreme Court of New York · Decided March 13, 1998 · Balio, Callahan, Lawton, Pine, Wisner
248 A.D.2d 1030; 670 N.Y.S.2d 125; 1998 N.Y. App. Div. LEXIS 3183
In re Kendra R. Erie County Department of Social Services

Opinion of the Court

—Motion for poor person relief and assignment of counsel denied and appeals dismissed. Memorandum: Respondent’s counsel treated the orders extending placement as default orders and moved to vacate the defaults; that motion was denied. An order denying a motion to vacate a default is appealable (Walsh v Syms, 51 AD2d 645; see also, CPLR 5015 [a]), whereas an order entered upon default is not (see, Matter of Natanya Sharay G., 232 AD2d 487).

Present— Pine, J. P., Lawton, Wisner, Callahan and Balio, JJ.

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