BANK NATIONAL ASSOCIATION v. TENENBAUM (2024)

Supreme Court, Appellate Division, Second Department, New York.

U.S. BANK NATIONAL ASSOCIATION, etc., appellant, v. Isaac TENENBAUM, respondent, et al., defendants.

2021–00525

Decided: June 05, 2024

FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, BARRY E. WARHIT, JANICE A. TAYLOR, JJ.

Friedman Vartolo LLP, New York, NY (Ronald P. Labeck and Oran Schwager of counsel), for appellant.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated December 3, 2020. The order, upon the plaintiff's failure to appear at a court-ordered conference, directed dismissal of the action pursuant to 22 NYCRR 202.27.

ORDERED that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511). The proper procedure for obtaining review of an order directing dismissal of an action for failure to appear at a conference is to move to vacate the default and, if necessary, appeal from the order deciding that motion (see Matter of Board of Mgrs. of Plum Point–On Hudson Condominium I v Assessor of Town of New Windsor, 181 AD3d 591, 591–592). Accordingly, the plaintiff's appeal from the order entered on its default must be dismissed.

CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur.

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