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MATTER OF DARLENE H. v. ABDUS R.

Docket Nos. V-35607-18/18A, V-35607-18/18B, V-35607-18/19C, O-35606/18, O-00525-19. Appeal No. 15761-15761A. Case Nos. 2021-01139, 2021-01138, 2021-01137.

204 A.D.3d 550 (2022)

164 N.Y.S.3d 282

2022 NY Slip Op 02639

In the Matter of Darlene H., Respondent, v. Abdus R., Appellant. In the Matter of Abdus R., Appellant, v. Darlene H., Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.

Bruce A. Young, Brooklyn, for respondent.

Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the child.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

No appeal lies from an order entered on default (CPLR 5511; see Matter of Derick B. v Catherine L., 155 A.D.3d 511, 512 [1st Dept 2017]). However, the denial of father's request for an adjournment is appealable because that request was "the subject of contest below" (see James v Powell, 19 N.Y.2d 249, 256 n 3 [1967]).

Family Court providently exercised its discretion in denying the...

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