Opinion
Submitted October 13, 2000.
November 6, 2000.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Turbow, J.), dated March 4, 1999, which, upon his default in appearing, awarded custody to the mother.
Steven A. Feldman, Roslyn, N.Y., for appellant.
Cheryl S. Solomon, Brooklyn, N.Y., for respondent.
Before: WILLIAM C. THOMPSON, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511; Matter of Geraldine Rose W., 196 A.D.2d 3 13; Matter of Zagary George Bayne G., 185 A.D.2d 320; Matter of Mitchell v. Morris, 177 A.D.2d 579). The proper procedure is for that party to move to vacate his or her default and, if necessary, appeal from the order deciding that motion (see, Matter of Geraldine Rose W., supra; Matter of Mitchell v. Morris, supra).