Imor v. Imor

Full title: KATHARINA IMOR, Respondent, v. JOHN S. IMOR, Appellant

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

Date published: Oct 10, 1985

114 A.D.2d 552 (N.Y. App. Div. 1985)

Opinion

October 10, 1985

Appeal from the Supreme Court, Columbia County (Connor, J.).

Casey, J.

Defendant's appeal herein is from a default judgment of divorce granted to plaintiff. This judgment contains the stipulation and opting-out agreement that defendant attacks on this appeal. An appeal from a judgment granted on default does not lie in favor of the defaulting party. The appropriate procedure is to move to vacate the judgment and, if necessary, appeal from the denial of such motion (Tongue v Tongue, 97 A.D.2d 638, 639, affd 61 N.Y.2d 809). The appeal should, therefore, be dismissed.

Appeal dismissed, with costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.