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MATTER OF MITCHELL v. MORRIS

177 A.D.2d 579 (1991)

In the Matter of Pearline Mitchell, Respondent, v. Wentworth Morris, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 12, 1991

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511; Katz v Katz, 68 A.D.2d 536). The proper procedure would have been for the appellant to move to vacate his default, and if necessary, appeal from the order deciding that motion (Katz v Katz, supra).

We further note that the appellant, if he be so advised,...

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