Opinion
2003-10267.
February 28, 2005.
In an action to rescind a contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 22, 2003, which, upon his failure to appear at a scheduled conference, granted the defendants' oral application to dismiss the complaint pursuant to 22 NYCRR 202.27.
Before: H. Miller, J.P., Cozier, S. Miller and Fisher, JJ., concur.
Ordered that the appeal is dismissed, with costs.
No appeal lies from an order entered upon the default of the appealing party ( see CPLR 5511).