Squitieri v Kaufman |
2021 NY Slip Op 02350 [193 AD3d 534] |
April 15, 2021 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Jeffrey Squitieri, Appellant, v Beth Kaufman, Formerly Known as Beth Squitieri, Respondent. |
Dorcas Owusu Frimpong, Bronx, for appellant.
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 AD3d 560, 561 [1st Dept 2011]; Matter of Bouie v Arvelo-Smith, 17 AD3d 461, 462 [2d Dept 2005]). Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.