ORDERED that the appeal is dismissed, without costs or disbursements.
No appeal lies from an order made upon the default of the appealing party (see, CPLR 5511; Matter of Geraldine Rose W., 196 A.D.2d 313; Matter of Zagary George Bayne G., 185 A.D.2d 320; Matter of Mitchell v. Morris, 177 A.D.2d 579). The proper procedure is for that party to move to vacate his or her default and, if necessary, appeal from the order deciding that motion (see, Matter of Geraldine Rose W., supra; Matter of Mitchell v. Morris, supra).
Since the appeal is dismissed, the application of the appellant's assigned counsel to be relieved on the ground that there are no nonfrivolous issues which could be raised on appeal is academic (see, Matter of Garcia v. Carballo, 277 A.D.2d 453).
S. MILLER, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.