Opinion
13591 Index No. 350138/06 Case No. 2019-2767
04-15-2021
Jeffrey SQUITIERI, Plaintiff–Appellant, v. Beth KAUFMAN formerly known as Beth Squitieri, Defendant–Respondent.
Dorcas Owusu Frimpong, Bronx, for appellant.
Dorcas Owusu Frimpong, Bronx, for appellant.
Renwick, J.P., Gische, Moulton, Mendez, JJ.
Appeal from order, Supreme Court, New York County (Lori S. Sattler, J.), entered March 19, 2013, which denied plaintiff's motion for a downward modification of his child support obligation based on the parties' default in appearance, unanimously dismissed, without costs, as taken from a nonappealable order.
The appeal is dismissed because a party cannot appeal from an order entered on default (see CPLR 5511 ). The proper procedure was to move to vacate the default and, if necessary, appeal from the denial of that motion (see Kamen v. Weithorn, 83 A.D.3d 560, 561, 920 N.Y.S.2d 668 [1st Dept. 2011]; Matter of Bouie v. Arvelo–Smith, 17 A.D.3d 461, 462, 792 N.Y.S.2d 341 [2d Dept. 2005] ).