Faith J.J. v. Edwin Gould Admin. for Children & Families (In re McKayla T.J.)

• Decision Date: 06 October 2020
• Docket Number: Dkt. No. B-24974/18,Case No. 2019-03580,11939
• Citation: 187 A.D.3d 441,129 N.Y.S.3d 774 (Mem)
• Parties: IN RE MCKAYLA T.J., A Child Under Eighteen Years of Age, etc., Faith J.J., Respondent–Appellant, v. Edwin Gould Administration for Children and Families, Petitioner–Respondent.
• Court: New York Supreme Court — Appellate Division

187 A.D.3d 441

129 N.Y.S.3d 774 (Mem)

IN RE MCKAYLA T.J., A Child Under Eighteen Years of Age, etc.,Faith J.J., Respondent–Appellant,

v.Edwin Gould Administration for Children and Families, Petitioner–Respondent.

11939

Dkt. No. B-24974/18

Case No. 2019-03580

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

ENTERED: October 6, 2020

Larry S. Bachner, New York, for appellant.

Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the child.

Assigned counsel has advised this Court that after examination of the record, he has determined that respondent's case presents no viable issue, as her notice of appeal is untimely (see CPLR 5513[a], CPLR 5515[1] ), and, in any event, no appeal lies from an order entered on default (see Matter of Lukes Jacob R. [Cynthia R.], 148 A.D.3d 420, 421, 47 N.Y.S.3d 708 [1st Dept. 2017], lv denied 29 N.Y.3d 913, 2017 WL 2683255 [2017] ). Moreover, the appeal is moot, as respondent subsequently moved to vacate the default, and the court granted the motion. Counsel has provided respondent with a copy of the brief and informed her of her right to raise points in a pro se supplemental brief, which she has failed to submit. We have reviewed the record and agree with respondent's assigned counsel that there are no viable arguments to be raised on appeal.