Pierre v. Pierre

In a matrimonial action in which the parties were divorced by judgment dated June 6, 2001, entered upon the defendant’s default in answering, the plaintiff appeals from an order of the Supreme Court, Kings County (Yancey, J.), dated September 6, 2001, which granted that branch of the defendant’s motion which was to vacate the judgment and, thereupon, sua sponte, dismissed the complaint.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, dismissed the complaint is deemed to be an application for leave to appeal from that portion of the order,…