Opinion
February 8, 1999
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the appeal from the judgment is dismissed; and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The appeal from the judgment must be dismissed because no appeal lies from a judgment entered upon the default of the appealing party ( see, CPLR 5511; Marquise Collection v. M.A.S. Textiles Corp., 239 A.D.2d 470).
The motion to stay settlement of the judgment of divorce was made on the same day that the judgment was signed ( see, CPLR 2211). Therefore, that motion was properly denied as academic, without prejudice to a motion to vacate the defendant's default ( see, Currier v. First Transcapital Corp., 190 A.D.2d 507).
Miller, J. P., Ritter, Goldstein and Luciano, JJ., concur.