Opinion
April 10, 1989
Appeal from the Supreme Court, Queens County (Santucci, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
In a report filed with this court on January 31, 1989, the Supreme Court, Queens County, has clarified that the order appealed from was granted without opposition. No appeal lies from such an order (see, CPLR 5511). The remedy of the aggrieved party is a motion to vacate the order pursuant to CPLR 5015 (see, e.g., Tongue v. Tongue, 97 A.D.2d 638, affd 61 N.Y.2d 809; Furci v. Furci, 45 A.D.2d 1003; Matter of B. J. Concrete Co. [Papile — Fensterstock], 22 A.D.2d 899; 7 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5511.10). Bracken, J.P., Rubin, Sullivan and Balletta, JJ., concur.