Opinion
29 Docket No. O-28952/17 Case No. 2021–03729
04-13-2023
In the Matter of IKRAM B., Petitioner–Respondent, v. ABDELKADER B.-B, Respondent–Appellant.
Carol L. Kahn, New York, for appellant. Law Office of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Carol L. Kahn, New York, for appellant.
Law Office of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Renwick, A.P.J., Moulton, Shulman, Rodriguez, Pitt–Burke, JJ.
Order, Family Court, New York County (Stephanie Schwartz, Ref.), entered on or about October 5, 2021, which, after a traverse hearing, denied respondent husband's motion to vacate a five-year order of protection on behalf of the wife that was entered on default, unanimously affirmed, without costs.
The husband's claim of denial of due process is improperly raised for the first time on appeal and is unpreserved for review (see Matter of Rickelme Alfredo B. [Ricardo Alfred B.], 132 A.D.3d 490, 490, 19 N.Y.S.3d 20 [1st Dept. 2015] ). In any event, the matter was rendered moot when the court appointed him an attorney at a subsequent appearance. The attorney was present with the husband for all proceedings thereafter, and thus the husband received the benefit of counsel, as was his right (see Matter of Delafrange v. Delafrange, 24 A.D.3d 1044, 1046, 806 N.Y.S.2d 769 [3d Dept. 2005], lv denied 8 N.Y.3d 809, 834 N.Y.S.2d 507, 866 N.E.2d 453 [2007] ).
The record reflects that the wife met her burden of demonstrating by a preponderance of the evidence that she properly effectuated substitute service of the order of protection on the husband (see Matter of Solangee Z. v. Kahir E., 107 A.D.3d 428, 967 N.Y.S.2d 46 [1st Dept. 2013] ).
We have considered the husband's remaining contentions and find them unpreserved and unavailing.