Hrynyk v. Glidden Co.

—Appeal unanimously dismissed without costs. Memorandum: Plaintiff appeals from an order denying his motion to vacate a prior order dismissing the action for failure to prosecute. The appeal must be dismissed. Plaintiffs remedy was a direct appeal from the prior order dismissing the action, not from the order denying the motion to vacate (see, Banner Serv. Corp. v Hall, 185 AD2d 613; Champion v Wilsey, 150 AD2d 833, 834). In any event, Supreme Court properly dismissed the action for failure to prosecute. Plaintiff failed to establish a reasonable excuse for his inability to proceed to trial…