Matter of Anthony M.W.A. (Micah W.A.)

Matter of Anthony M.W.A. v Micah W.A 2011 NY Slip Op 00157 Decided on January 13, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 13, 2011
Tom, J.P., Sweeny, Freedman, Richter, Abdus-Salaam, JJ.
4041

[*1]In re Anthony M.W.A., Dependent Child Under the Age of Eighteen Years, etc.,

and

Micah W.A., Respondent-Appellant, Lutheran Social Services of Metropolitan New York, Petitioner-Respondent.




Elisa Barnes, New York, for appellant.
Satterlee Stephens Burke & Burke LLP, New York (Abigail
Snow of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York
(Brenda Soloff of counsel), attorney for the child.

Appeal from order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 27, 2009, which, inter alia, upon respondent mother's default, terminated her parental rights to the subject child due to her mental illness, and committed custody and guardianship of the child to the Commissioner of Social Services and petitioner child care agency, unanimously dismissed, without costs, as taken from a nonappealable order.

No appeal lies from the order, as it was entered upon appellant's default in appearing at the fact-finding and dispositional hearings (see CPLR 5511; Matter of Jessenia Shanelle R. [Wanda Y.A.], 68 AD3d 558 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 13, 2011

CLERK