Appellate Division of the Supreme Court of New York, 1979

Morse v. Morse

Morse v. Morse
Appellate Division of the Supreme Court of New York · Decided January 4, 1979
67 A.D.2d 750; 412 N.Y.S.2d 220; 1979 N.Y. App. Div. LEXIS 10391
Morse v. Morse

Opinion of the Court

— Appeal from an order of the Family Court of Rensselaer County, entered December 13, 1977, which made an award for alimony, child support and counsel fees. A party may not appeal from an order entered upon his default, the proper remedy being an application to open the default made to the rendering court (CPLR 5511, 5015; Furci v Furci, 45 AD2d 1003). Appeal dismissed, without costs. Mahoney, P. J., Greenblott, Sweeney, Main and Mikoll, JJ., concur.

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