Opinion
2003-02050.
Decided March 8, 2004.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Di Blasi, J.), dated December 10, 2002, which dismissed the complaint upon the plaintiff's failure to appear at a status conference as directed by a prior court order.
Samuel Weininger, Lake Success, N.Y. (Mary Beth Ott of counsel), for appellant.
Anthony Sammartano, White Plains, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs to the respondent.
No appeal lies from an order made upon the default of the appealing party ( see CPLR 5511; Kandel v. Hoffman, 309 A.D.2d 904) . The proper procedure would have been for the plaintiff to move to open her default and to vacate the order dated December 10, 2002, and if necessary, appeal from the denial of the motion to vacate ( see Grober v. Busigo, 133 A.D.2d 389; Imor v. Imor, 114 A.D.2d 552, 553).
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.