[*1]
Mosaleva v Jerome Ave. Tenants HDFC
2013 NY Slip Op 52237(U) [42 Misc 3d 132(A)]
Decided on December 30, 2013
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 30, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570425/13.

Inna Mosaleva, Plaintiff-Appellant, - -

against

Jerome Avenue Tenants HDFC and Total Realty Associates, Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Rubén Franco, J.), dated January 29, 2013, which dismissed the complaint upon her failure to proceed to trial.


Per Curiam.

Appeal from order (Rubén Franco, J.), dated January 29, 2013, dismissed, without costs, as taken from a nonappealable paper.

The action was dismissed upon plaintiff's unwillingness or inability to proceed on the adjourned trial date (see 22 NYCRR 208.14[b][2]; see also Vera v Soohoo, 99 AD3d 990, 992 [2012]). Plaintiff's remedy is not an appeal from the order entered on default (see CPLR 5511), but a motion to vacate the default pursuant to CPLR 5015(a) (see Vera v Soohoo, 99 AD3d at 992; Fink v Antell, 19 AD3d 215 [2005]), and, if unsuccessful, to appeal the order denying vacatur relief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 30, 2013