Opinion
June 12, 1989
Appeal from the Family Court, Rockland County (Stanger, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
"It is appropriate for an appellate court to inquire into the appealability of the order under review, even where the respondent on the appeal has not specifically requested that the appeal be dismissed" (Glickman v. Sami, 146 A.D.2d 671, citing Leeds v. Leeds, 60 N.Y.2d 641; Lincoln v. Austic, 60 A.D.2d 487; 1 Newman, New York Appellate Practice § 3.01 [1]). In the present case, we have examined the record on appeal, and there does not appear to have been any opposition by the appellant to the motion which resulted in the order appealed from. Accordingly, the appeal must be dismissed (see, CPLR 5511; People v. Robbins, 277 App. Div. 1087 [order imposing fine as punishment for contempt of prior order not appealable where alleged contemnor did not oppose motion]; see also, Tongue v. Tongue, 97 A.D.2d 638, affd 61 N.Y.2d 809; Furci v. Furci, 45 A.D.2d 1003; 7 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5511.10; 10 Carmody-Wait 2d, N Y Prac § 70:25; 1 Newman, New York Appellate Practice § 3.08 [1]). The proper procedure by which to challenge an order entered on default is a motion to vacate the order. Thompson, J.P., Bracken, Brown and Rubin, JJ., concur.