Opinion
2008-375 S C.
Decided June 29, 2009.
Appeal from an order of the District Court of Suffolk County, Fourth District (Gigi A. Spelman, J.), dated January 23, 2008. The order denied plaintiff's motion to vacate a default judgment.
Order affirmed without costs.
PRESENT: RUDOLPH, P.J., MOLIA and NICOLAI, JJ.
In this small claims action, the District Court properly denied plaintiff's motion to vacate a judgment, which dismissed plaintiff's claim and awarded defendant the principal sum of $1,450 on her counterclaim, entered following plaintiff's second failure to appear at arbitration, as plaintiff did not establish good cause for her failure to proceed with the hearing (Rules of the Chief Judge [ 22 NYCRR] § 28.7 [a]; see e.g. Finamore v Huntington Cardiac Rehabilitation Assn., 150 AD2d 426; Sassower v Higbee, 96 AD2d 588; Brothers Aluminum Corp. v Boggio ,12 Misc 3d 130[A], 2006 NY Slip Op 51049[U] [App Term, 9th 10th Jud Dists 2006]).
Accordingly, the order is affirmed.
Rudolph, P.J., Molia and Nicolai, JJ., concur.