MATTER OF McCONNELL v. MONTAGRIFF


233 A.D.2d 512 (1996)

650 N.Y.S.2d 768

In the Matter of Michael McConnell, Appellant, v. Katherine Montagriff, Respondent. (Matter No. 1.) In the Matter of Katherine Montagriff, Respondent, v. Michael McConnell, Appellant. (Matter No. 2.)

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

November 25, 1996


Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order made upon the appealing party's default (see, Katz v Katz, 68 A.D.2d 536).

The parties separated shortly after their now 11-year-old son Christopher was born, and they have had joint custody for nearly all of his life. In 1995, the mother filed petitions for sole custody and termination of the father's visitation rights...

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