Wiener v. Iwachiw

In an action for a divorce and ancillary relief, the defendant appeals from a judgment of divorce of the Supreme Court, Suffolk County (Molia, J.), entered December 4, 2000, which, upon his default in appearing at trial, inter alia, dissolved the parties’ marriage and distributed the marital estate.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of an appealing party (see CPLR 5511; Matter of Porscha Monique J., 21 AD3d 415 [2005]).

The defendant failed to appear for continued trial proceedings on October 8, 1999.…