Matter of Board of Mgrs. of Plum Point-On Hudson Condominium I v. Assessor of the Town of New Windsor

Matter of Board of Mgrs. of Plum Point-On Hudson Condominium I v Assessor of the Town of New Windsor (2020 NY Slip Op 01493) Matter of Board of Mgrs. of Plum Point-On Hudson Condominium I v Assessor of the Town of New Windsor 2020 NY Slip Op 01493 Decided on March 4, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on March 4, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department REINALDO E. RIVERA, J.P. LEONARD B. AUSTIN ROBERT J. MILLER COLLEEN D. DUFFY, JJ. 2018-08135 (Index No. 5935/17) [*1]In the Matter of Board of Managers of Plum Point-On Hudson Condominium I, et al., appellants, v Assessor of the Town of New Windsor, et al., respondents-respondents, et al., intervenor-respondent. Scott De Simone, P.C., Peconic, NY, for appellants. Goldman Attorneys PLLC, Albany, NY (Paul J. Goldman and Erika C. Browne of counsel), for respondents. DECISION & ORDER In a proceeding pursuant to Real Property Tax Law article 7 to review real property tax assessments for the tax year 2017-2018, the petitioners appeal from an order of Supreme Court, Orange County (Catherine M. Bartlett, J.), dated May 30, 2018. The order, upon, inter alia, the petitioners' failure to appear at a court-ordered conference, granted the oral application of the respondents Assessor of the Town of New Windsor and Town of New Windsor to dismiss the proceeding. ORDERED that the appeal is dismissed, with costs. The petitioners appeal from an order granting the oral application of the respondents Assessor of the Town of New Windsor and Town of New Windsor to dismiss the proceeding upon, inter alia, the petitioners' failure to appear at a court-ordered conference (see 22 NYCRR 202.27). No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511). The proper procedure for obtaining review of an order dismissing an action for failure to appear at a conference is to move to vacate the default and, if necessary, appeal from the order deciding that motion (see Bank of N.Y. Mellon v Slavin, 156 AD3d 1073, 1074-1075; BAC Home Loans Servicing, LP v Funk, 154 AD3d 1244, 1245; Figueroa v Sanchez, 68 AD3d 418, 418; Campos v New York City Health & Hosps. Corp., 307 AD2d 785, 786; Brannigan v Dubuque, 199 AD2d 851, 851-852). Accordingly, the petitioners' appeal from the order entered upon their default must be dismissed (see GMAC Mtge., LLC v Guccione, 127 AD3d 1136, 1137). RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court