Majority
Based upon a " 'balanced consideration of all relevant factors’ ” (Cuevas v Cuevas, 110 AD2d 873 , 877), including the case history and defendant’s actions at the two days of the hearing, the Referee properly exercised her discretion in refusing defendant an adjournment to obtain counsel (see, Treppeda v Treppeda, 212 AD2d 592 ). Defendant was properly deemed in default for willful refusal to proceed and thereby forfeited his right to participate in the inquest on equitable distribution (Loewenstein v Loewenstein, 201 AD2d 286 ).
The court’s appointment of plaintiff as receiver of the marital assets was supported by sufficient evidence in the record (CPLR 6401 [a]; see, Nelson v Nelson, 99 AD2d 917 ), and was necessary to prevent dissipation of marital property (Hildenbiddle v Hildenbiddle, 110 AD2d 819 ).
We have considered defendant’s remaining arguments and find them to be without merit. We also reject plaintiff’s argument that the order is nonappealable; it was not entered on "default” within the meaning of CPLR 5511. Concur — Rosenberger, J. P., Ellerin, Rubin and Nardelli, JJ.
Cases cited
- Cuevas v. Cuevas 110 AD2d 873 at 877 p. 472
- Treppeda v. Treppeda 212 AD2d 592 p. 472
- Loewenstein v. Loewenstein 201 AD2d 286 p. 472
- Nelson v. Nelson 99 AD2d 917 p. 472