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

2011 NY Slip Op 00157 [80 AD3d 476]

January 13, 2011

Appellate Division, First Department

As corrected through Wednesday, March 9, 2011

In the Matter of Anthony M.W.A., an Infant. Micah W.A., Appellant;Lutheran Social Services of Metropolitan New York, Respondent.

—[*1]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 forthe Child.

Appeal from order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), enteredon or about March 27, 2009, which, inter alia, upon respondent mother's default, terminated herparental rights to the subject child due to her mental illness, and committed custody and guardianship ofthe child to the Commissioner of Social Services and petitioner child care agency, unanimouslydismissed, 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 thefact-finding and dispositional hearings (see CPLR 5511; Matter of Jessenia Shanelle R. [Wanda Y.A.], 68 AD3d 558 [2009]).Concur—Tom, J.P., Sweeny, Freedman, Richter and Abdus-Salaam, JJ.