Alysia Renee Steinmann v. Frederick Leonid Steinmann

Summary

The New York Appellate Division, First Department dismissed two appeals in a matrimonial proceeding. It held that the appeal from the pendente lite order was unavailable because the order was entered upon the wife's default, and that the wife was not an aggrieved party with respect to the nesting-schedule order to which she had consented.

Holdings

1. An appeal does not lie from an order entered upon the default of the appealing party; the defaulting party's remedy is a motion to vacate the default rather than an appeal.
2. A party who consented to an order and received the relief requested in that order is not an aggrieved party within the meaning of CPLR 5511 and may not appeal it.

Questions Presented

1. Whether an appeal lies from a pendente lite order entered upon the appealing wife's default.
2. Whether the wife was an aggrieved party entitled to appeal an order setting a nesting schedule to which she consented.

Disposition

dismissed