Opinion
January 20, 1998
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the appeal from the findings of fact and conclusions of law is dismissed, as findings of fact and conclusions of law are not appealable ( see, Matter of County of Westchester v. O'Neill, 191 A.D.2d 556; Benedetto v. O'Grady, 10 A.D.2d 628); and it is further,
Ordered that the appeal from the judgment is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party ( see, CPLR 5511); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Although the courts have adopted a liberal policy of vacating defaults in matrimonial cases, a defaulting party is still required to show a reasonable excuse for his or her default and a meritorious defense ( see, CPLR 5015 [a] [1]; Fayet v. Fayet, 225 A.D.2d 658; Baruch v. Baruch, 224 A.D.2d 649). In the instant case, the Supreme Court properly held that the defendant willfully defaulted in answering ( see, Baruch v. Baruch, supra, at 650).
The defendant fully participated in the inquest on the financial issues, and did not raise any of the objections later raised in his motion. Therefore, he waived consideration of those contentions ( see, Nieves v. 331 E. 109th St. Corp., 112 A.D.2d 59; cf., James v. Powell, 19 N.Y.2d 249).
Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.