Opinion
2002-10507.
Decided April 19, 2004.
In a proceeding, inter alia, in effect, to invalidate two deeds, Daphne Fotiades appeals, as limited by her brief, from so much of a decree of the Surrogate's Court, Suffolk County (Braslow, S.), dated October 11, 2002, as, after a hearing, declared that the deeds dated July 28, 2000, and June 19, 2001, respectively, were void, and that the real property at issue was an asset of the decedent's estate.
Somer Heller, LLP, Commack, N.Y. (Michael C. Marcus of counsel), for appellant.
Schwartzapfel, Novick, Truhowsky Marcus, P.C., Huntington, N.Y. (Joseph J. Kunzeman, Donald Novick, and John P. Graffeo of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
The appellant withdrew her objection to the petition, in effect, to invalidate two deeds, and the proceeding continued unopposed. No appeal lies from an order that was made without opposition ( see Glickman v. Sami, 149 A.D.2d 458, citing CPLR 5511). Such a matter is treated in the same matter as a consent, or a default. The remedy in such a case is a motion to vacate the order pursuant to CPLR 5015 ( see Glickman v. Sami, supra, citing Tongue v. Tongue, 97 A.D.2d 638, affd 61 N.Y.2d 809).
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.