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Matter of Brown v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1993
190 A.D.2d 668 (N.Y. App. Div. 1993)

Opinion

February 1, 1993

Appeal from the Family Court, Nassau County (DeMaro, J.).


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; Imor v Imor, 114 A.D.2d 552; Calvagno v Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741). Bracken, J.P., Eiber, Ritter and Santucci, JJ., concur.


Summaries of

Matter of Brown v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1993
190 A.D.2d 668 (N.Y. App. Div. 1993)
Case details for

Matter of Brown v. Brown

Case Details

Full title:In the Matter of ANDREW BROWN, Respondent, v. ROBIN BROWN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1993

Citations

190 A.D.2d 668 (N.Y. App. Div. 1993)

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