Gordon v Liang

[*1] Gordon v Liang 2009 NY Slip Op 50102(U) [22 Misc 3d 130(A)] Decided on January 22, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570927/07.

Moriah Gordon, Infant by Mother and Natural Guardian, Cecelia Scales, and Cecelia Scales, Ind., Plaintiffs-Appellants,

against

Frances Liang and Guan Liang, Defendants-Respondents, -and- Edwin Rivas, Defendant.

Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), dated February 13, 2007, which denied their motions to vacate their default and restore the case to the trial calendar.

Per Curiam.

Order (Arthur F. Engoron, J.), dated February 13, 2007, affirmed, with $10 costs.

We sustain the denial of plaintiffs' motion to restore the action to the trial calendar, where plaintiffs' unreadiness to proceed to trial resulted in the case being marked off the Civil Court calendar on four separate occasions and where plaintiffs failed to make the requisite showing of "exceptional circumstances" to avoid the mandatory dismissal provisions of the governing court rule (see 22 NYCRR 208.14[d]; Centennial Restorations Co. v Wyatt, 248 AD2d 193, 195 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 22, 2009