Majority
p. 1029In the Matter of Kwasi S. Harold S., Appellant. Erie County Department of Social Services, Respondent. [634 NYS2d 579]
—Motions to dismiss appeal on the ground that no appeal lies from an order entered on default denied and motion for permission to proceed as poor person and for assign
p. 1030
ment of counsel denied with leave to renew upon submission by appellant of current financial affidavit. Memorandum: Where a party fails to appear for a hearing but is represented by counsel, the order is not one entered upon the default of the aggrieved party and appeal is not precluded (see, CPLR 321 [a]; 5511; Family Ct Act § 1118). Present—Pine, J. P., Balio, Law-ton, Fallon and Doerr, JJ.