Figueroa v Sanchez

Figueroa v Sanchez 2009 NY Slip Op 08881 [68 AD3d 418] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Carlos Figueroa, Appellant,
v
Alexander Sanchez, Respondent.

—[*1] Carlos Figueroa, appellant pro se.

Appeal from order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about February 26, 2008, dismissing this case, unanimously dismissed, without costs.

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 AD2d 785, 786 [2003]). In the present posture of the case, there is no appealable order for this Court to review. Finally, we note that plaintiff claims that he made numerous attempts to communicate with the court about his appearances that were not addressed. Concur—Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.