Rigali v. Kogan

204 A.D.3d 919

164 N.Y.S.3d 858 (Mem)

In the Matter of Anna D. RIGALI, appellant,

v.Emil KOGAN, respondent.

2021-05989

Docket Nos. V-01056-10/20K/19J/19I, V-01055-10/20K/19J/19I

Supreme Court, Appellate Division, Second Department, New York.

Submitted—March 28, 2022

April 20, 2022

Christian P. Myrill, Jamaica, NY, for appellant.

Catherine S. Bridge, Staten Island, NY, attorney for the child Charlotte K.

Jeffrey C. Bluth, New York, NY, attorney for the child Olivia K.

FRANCESCA E. CONNOLLY, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, WILLIAM G. FORD, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Supreme Court, Kings County (IDV Part) (Esther M. Morgenstern, J.), dated May 24, 2021. The order dismissed the mother's petition to transfer jurisdiction over her petition to modify a final order of custody and visitation of the same court dated October 15, 2015, to Pennsylvania, without prejudice, upon the mother's failure to appear for a scheduled court date, and suspended the mother's visitation with the parties’ children.

ORDERED that the appeal is dismissed, without costs and disbursements.

The mother's appeal from the order dated May 24, 2021, must be dismissed since it was rendered upon her failure to appear and no appeal lies from an order made on the default of the appealing party (see Matter of Jones v. Spain, 188 A.D.3d 1209, 132 N.Y.S.3d 881 ; Matter of Li Wong v. Fen Liu, 121 A.D.3d 692, 693, 993 N.Y.S.2d 372 ).

CONNOLLY, J.P., ...