Opinion
May 18, 1981
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Nassau County, dated September 25, 1980, which (1) sustained the writ and (2) directed that the petitioner be released from custody. Appeal dismissed, without costs or disbursements. The judgment, resulting from an inquest occasioned by the failure of the appellants to appear or answer, is a default judgment from which no appeal lies (see Fishman v Fishman, 50 A.D.2d 885; Intrabartolo v Intrabartolo, 38 A.D.2d 711; People v Robbins, 277 App. Div. 1087; Metzendorf v Town Improvement Assn., 243 App. Div.. 712; see, also, Solecki v County of Suffolk, 65 A.D.2d 554). Damiani, J.P., Mangano, Rabin and Gulotta, JJ., concur.