Plaintiff appeals from an order of the Civil Court, New York County, entered August 25, 2003 (Donna G. Recant, J.) granting, without opposition, the motion and cross motion of defendants for summary judgment dismissing the complaint pursuant to CPLR 3212 and 3126.

PER CURIAM:

Appeal from order entered August 25, 2003 (Donna G. Recant, J.) dismissed, without costs, as nonappealable.

In this dental malpractice action, plaintiff's complaint was dismissed as time-barred pursuant to CPLR 214-a and for noncompliance with discovery pursuant to CPLR 3126 based upon her failure to answer certain questions at a deposition. Since plaintiff failed to submit papers in opposition to the motion or appear on the July 29, 2003 return date, the order from which this appeal is taken is deemed to have been entered on default and thus no direct appeal lies (see, CPLR 5511). The proper procedure was to move to vacate the order and, if aggrieved, to appeal the denial of that motion (Squadron, Ellenoff, Plesent, Sheinfeld & Sorkin v [*2]Mazzella, 262 AD2d 15 [1999]; Smith v City of New York, 238 AD2d 574 [1997]; Lo Cicero v J.F.K. Intl. Airport, 131 AD2d 305 [1987]).

This constitutes the decision and order of the court.