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FIGUEROA v. SANCHEZ

1612, 21134/06

68 A.D.3d 418 (2009)

2009 NY Slip Op 8881

888 N.Y.S.2d 746

CARLOS FIGUEROA, Appellant, v. ALEXANDER SANCHEZ, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 1, 2009.

Due to his incarceration, plaintiff defaulted by failing to appear at a preliminary conference (22 NYCRR 202.27). The only remedy for plaintiff's default in these circumstances is not an appeal, but rather a motion in Supreme Court to vacate the default (see Campos v New York City Health & Hosps. Corp., 307 A.D.2d 785, 786 [2003]). In the present posture of the case, there is no appealable order for this Court to review. Finally...

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