Pileri v. Pileri

—In an action for a divorce and ancillary relief, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Fierro, J.), dated March 10, 1994, which, upon a sua sponte finding by the trial court that the plaintiff failed to appear personally for trial, inter alia, is in favor of the defendant and against her dismissing the complaint for failure to prosecute.

Ordered that the order and judgment is reversed, as a matter of discretion, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further…