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MATTER OF ANITA L. v. DAMON N.

54 A.D.3d 630 (2008)

864 N.Y.S.2d 23

In the Matter of ANITA L., Respondent, v. DAMON N., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 25, 2008.

On October 31, 2007, respondent walked out of a hearing of petitioner's child custody and family offense petitions. This conduct was properly treated by the court as a knowing and willing default, as respondent previously had been warned against leaving the courtroom and other disruptive behavior. No appeal lies from an order entered upon an aggrieved party's default (CPLR 5511; Figiel v Met Food, 48 A.D.3d 330 [2008]).

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