| Matter of Taurins v Taurins |
| 2013 NY Slip Op 05465 [108 AD3d 723] |
| July 24, 2013 |
| Appellate Division, Second Department |
| In the Matter of Walter H. Taurins,Appellant, v Ellen S. Taurins, Respondent. |
—[*1] Ellen S. Taurins, Flushing, N.Y., respondent pro se.
In a child support proceeding pursuant to Family Court Act article 4, the fatherappeals from an order of the Family Court, Queens County (Lubow, J.), dated August 12,2011, which denied his objections to two orders of the same court (Blaustein, S.M.), bothdated March 3, 2011, which, upon his failure to appear for a scheduled court date,respectively, (1) inter alia, in effect, granted the mother's petition for enforcement of anorder of the same court dated February 3, 2003, directing the entry of a money judgmentin the mother's favor against the father, and calculated the sum of child support arrears tobe $66,132.33 as of February 28, 2011, and (2) dismissed, without prejudice, his petitionfor modification of the order dated February 3, 2003.
Ordered that the order dated August 12, 2011, is affirmed, without costs ordisbursements.
The Family Court properly denied the father's objections to the Support Magistrate'sorders dated March 3, 2011, entered upon the father's failure to appear for a scheduledcourt date. The proper procedure to challenge an order entered upon default is to move tovacate the default and, if necessary, to appeal from the denial of that motion (seeCPLR 5015 [a] [1]; Matterof Garland v Garland, 28 AD3d 481 [2006]). Here, the father failed to movepursuant to CPLR 5015 (a) (1) to vacate his default in appearing for a scheduled courtdate, thus barring him from raising his arguments on appeal (see Matter of Garland vGarland, 28 AD3d at 481). Dillon, J.P., Roman, Miller and Hinds-Radix, JJ., concur.