ABBOUD v. ABUHEGAZY (1997)

In an action for a divorce and ancillary relief, the defendant appeals from so much of an order of the Supreme Court, Nassau County (O'Brien, J.), dated July 30, 1996, as, after an inquest at which the defendant did not appear, determined the issues of maintenance, child support, and equitable distribution of marital property.

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).   To the extent that on this appeal the defendant seeks review of a prior order of the same court dated September 21, 1995, which denied his motion to vacate his default in answering the complaint, such review is available only on a direct appeal from the prior order (see, Grober v. Busigo, 133 A.D.2d 389, 519 N.Y.S.2d 344;  Imor v. Imor, 114 A.D.2d 552, 494 N.Y.S.2d 167;  Calvagno v. Nationwide Mut. Fire Ins. Co., 110 A.D.2d 741, 487 N.Y.S.2d 835), or on an appeal from a final judgment in the action (see, Matter of James v. Powell, 19 N.Y.2d 249, 279 N.Y.S.2d 10, 225 N.E.2d 741;  CPLR 5501[a][1] ).

MEMORANDUM BY THE COURT.