CURTO, PATRICIA J. v. DIEHL, MARK

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [1003] CA 10-02024 PRESENT: SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ. PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER MARK DIEHL AND MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) PATRICIA J. CURTO, PLAINTIFF-APPELLANT PRO SE. HAGELIN KENT LLC, BUFFALO (VICTOR M. WRIGHT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), dated December 17, 2009. The order granted the motion of defendants to vacate a default judgment and ordered plaintiff to provide discovery. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: We reject the contention of plaintiff that Supreme Court erred in granting that part of defendants’ motion to vacate a default judgment. Inasmuch as defendants had previously appeared in this action, they were entitled to receive notice of plaintiff’s motion for a default judgment (see CPLR 3215 [g] [1]; Nowak v Oklahoma League for the Blind, 289 AD2d 995 ). Plaintiff failed to provide defendants with such notice, and thus her motion for a default judgment was defective. We have reviewed plaintiff’s remaining contentions and conclude that they are without merit. Entered: September 30, 2011 Patricia L. Morgan Clerk of the Court