MATTER OF MITCHELL v. MORRIS

Ordered that the appeal is dismissed, with costs.

No appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511; Katz v. Katz, 68 A.D.2d 536). The proper procedure would have been for the appellant to move to vacate his default, and if necessary, appeal from the order deciding that motion (Katz v. Katz, supra).

We further note that the appellant, if he be so advised, may move to modify the prior order of the Family Court based upon new facts or circumstances. Lawrence, J.P., Miller, Ritter and Copertino, JJ., concur.