Kellert v. Mail Boxes, Etc. USA, Inc.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered January 17, 1996, which denied plaintiffs’ motion to vacate the dismissal of this action based on their failure to appear at a conference, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 7, 1997, which denied plaintiffs’ motion to reargue the prior order, unanimously dismissed, without costs, as taken from a nonappealable order.

The court properly exercised its discretion in dismissing this action on default when both parties failed to appear at a scheduled status conference in…