BACCHUS v. CITY OF N.Y

Ordered that the appeal is dismissed, with costs.

Inasmuch as a party may not appeal from any order or judgment entered upon the default of the appealing party (see CPLR 5511; Brown v New York City Hous. Auth., 48 AD3d 388; Matter of Kondratyeva v Yapi, 13 AD3d 376), and the issue sought to be raised by the plaintiffs was not a matter which was "the subject of contest before the Supreme Court" ( Atwater v Mace, 39 AD3d 573, 574; see Matter of Constance P. v Avraam G, 27 AD3d 754, 755; see also James v Powell, 19 NY2d 249, 256; Tun v Aw, 10 AD3d 651, 652; Brown v Data Communications, 236 AD2d 499), the appeal must be dismissed.