IN RE: PATRICIA TOWNSEND (2025)

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

IN RE: PATRICIA TOWNSEND, PETITIONER-RESPONDENT, v. GREGORY MYERS, JR., RESPONDENT-APPELLANT, AND ASHLEY MYERS, RESPONDENT-RESPONDENT.

149 Decided: April 25, 2025

PRESENT: WHALEN, P.J., BANNISTER, OGDEN, NOWAK, AND KEANE, JJ.

THOMAS L. PELYCH, HORNELL, FOR RESPONDENT-APPELLANT. WALTER BURKARD, MANLIUS, ATTORNEY FOR THE CHILD.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent father appeals from an order effectively granting, on the father's default, the petition of the subject child's maternal aunt seeking sole custody of the child. Because neither the father nor his attorney appeared at the custody hearing, Family Court deemed the father to be in default (see generally Matter of Malachi S. [Michael W.], 195 AD3d 1445, 1446 [4th Dept 2021], lv dismissed 37 NY3d 1081 [2021]). “ ‘[I]t is well settled that no appeal lies from an order that is entered upon the default of the appealing party’ ” (Matter of Roache v Hughes-Roache, 153 AD3d 1653, 1653 [4th Dept 2017]; see Matter of Rottenberg v Clarke, 144 AD3d 1627, 1627 [4th Dept 2016]). We therefore dismiss the appeal.

Entered: April 25, 2025

Ann Dillon Flynn

Clerk of the Court

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