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MATTER OF BROWN v. BROWN

190 A.D.2d 668 (1993)

In the Matter of Andrew Brown, Respondent, v. Robin Brown, Appellant

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

February 1, 1993

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511). The proper procedure would have been for the appellant to move to open her default and to vacate the order dated January 28, 1992, and if necessary, appeal from the denial of the motion to vacate the default (see, Grober v Busigo, 133 A.D.2d 389;

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