Mack v. Mack

Appellate Division of the Supreme Court of New York

Mack v. Mack

130 A.D.2d 632, 515 N.Y.S.2d 560, 1987 N.Y. App. Div. LEXIS 46647

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1987

StatusPublished

This text of 130 A.D.2d 632 (Mack v. Mack) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mack v. Mack, 130 A.D.2d 632, 515 N.Y.S.2d 560, 1987 N.Y. App. Div. LEXIS 46647 (N.Y. Ct. App. 1987).

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Opinion

In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Suffolk County (Fierro, J.), dated May 30, 1986, which denied his motion to vacate his default in appearing in the action.

Ordered that the appeal from the order is dismissed, with costs (see, Matter of Aho, 39 NY2d 241, 248).

The record shows that the plaintiff wife has now obtained a default judgment of divorce and ancillary economic relief and the defendant has filed a notice of appeal from that judgment.

If the appeal from that judgment is perfected, the order dated May 30, 1986 may then be reviewed since the defendant contested in the court of first instance the issue of whether his default should be vacated (see, Katz, v Katz, 68 AD2d 536; [633]*633CPLR 5501 [a] [1]). Lawrence, J. P., Eiber, Sullivan and Harwood, JJ., concur.

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In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Suffolk County (Fierro, J.), dated May 30, 1986, which denied his motion to vacate his default in appearing in the action.

Ordered that the appeal from the order is dismissed, with costs (see, Matter of Aho, 39 NY2d 241, 248).

The record shows that the plaintiff wife has now obtained a default judgment of divorce and ancillary economic relief and the defendant has filed a notice of appeal from that judgment.

If the appeal from that judgment is perfected, the order dated May 30, 1986 may then be reviewed since the defendant contested in the court of first instance the issue of whether his default should be vacated (see, Katz, v Katz, 68 AD2d 536; [633]*633CPLR 5501 [a] [1]). Lawrence, J. P., Eiber, Sullivan and Harwood, JJ., concur.

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Bluebook (online)

130 A.D.2d 632, 515 N.Y.S.2d 560, 1987 N.Y. App. Div. LEXIS 46647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-mack-nyappdiv-1987.

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