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Matter of Mitchell v. Morris

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1991
177 A.D.2d 579 (N.Y. App. Div. 1991)

Opinion

November 12, 1991

Appeal from the Family Court, Queens County (Lauria, J.).


Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511; Katz v. Katz, 68 A.D.2d 536). The proper procedure would have been for the appellant to move to vacate his default, and if necessary, appeal from the order deciding that motion (Katz v. Katz, supra).

We further note that the appellant, if he be so advised, may move to modify the prior order of the Family Court based upon new facts or circumstances. Lawrence, J.P., Miller, Ritter and Copertino, JJ., concur.


Summaries of

Matter of Mitchell v. Morris

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1991
177 A.D.2d 579 (N.Y. App. Div. 1991)
Case details for

Matter of Mitchell v. Morris

Case Details

Full title:In the Matter of PEARLINE MITCHELL, Respondent, v. WENTWORTH MORRIS…

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

Date published: Nov 12, 1991

Citations

177 A.D.2d 579 (N.Y. App. Div. 1991)
576 N.Y.S.2d 295

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