Opinion
November 27, 1985
Appeal from the Supreme Court, Essex County (Dier, J.).
Inasmuch as the order was entered upon defendant's default, defendant cannot appeal (CPLR 5511; see, Tongue v Tongue, 97 A.D.2d 638, affd 61 N.Y.2d 809).
Appeal dismissed, with costs. Kane, J.P., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.