IN THE MATTER OF SABRINA MARIE W

ORDERED that the appeal is dismissed, without costs or disbursements.

The Family Court held separate fact-finding and dispositional hearings. At both hearings the appellant failed to appear and his attorney, although present, did not participate in either proceeding. Accordingly, the order of fact-finding and disposition was entered upon the appellant's default and is not appealable (see CPLR 5511; Matter of Smith v. Richards, 286 A.D.2d 393; Matter of Vanessa M., 263 A.D.2d 542, 543; Matter of Geraldine Rose W., 196 A.D.2d 313; see also Matter of Yarbough v. Franco, 95 N.Y.2d 342, 347). The proper procedure was for the appellant to move to vacate the default and, if necessary, appeal from the order determining that motion (see Matter of Geraldine Rose W., supra).

S. MILLER, J.P., KRAUSMAN, TOWNES and MASTRO, JJ., concur.