Capps v. Johnson

—Order unanimously reversed on the law without costs, motion reinstated and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing respondent’s motion pursuant to CPLR 5015 to vacate an arrears judgment on the ground that it was barred by res judicata. The dismissal of a proceeding for failure to prosecute is not a dismissal on the merits and thus does not bar a second proceeding “[ujnless the order specifies otherwise” (CPLR 3216 [a]; see, Maitland v Trojan Elec. & *976Mach. Co., 65 NY2d 614, 615-616;…