Weinberger v. Rosenkrantz

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered December 16, 1997, which denied defendant’s motion to vacate the order of the same court and Justice, entered September 10, 1997, striking defendant’s pleadings for failure to appear at a preliminary conference, unanimously affirmed, with costs. Appeal from the order of September 10, 1997 unanimously dismissed, without costs, as taken from a nonappealable order.

The motion court had the discretion to strike defendant’s pleadings upon her failure to appear at the preliminary conference (22 NYCRR 202.27). While that failure…