IMOR v. IMOR

Casey, J.

Defendant's appeal herein is from a default judgment of divorce granted to plaintiff. This judgment contains the stipulation and opting-out agreement that defendant attacks on this appeal. An appeal from a judgment granted on default does not lie in favor of the defaulting party. The appropriate procedure is to move to vacate the judgment and, if necessary, appeal from the denial of such motion (Tongue v Tongue, 97 A.D.2d 638, 639, affd 61 N.Y.2d 809). The appeal should, therefore, be dismissed.

Appeal dismissed, with costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.