Feldstein v. New York State Department of Correctional Services

In an action to recover damages for wrongful termination of employment, the plaintiff appeals from an order of the Supreme Court, Kings County (Ambrosio, J.), dated September 10, 2007, which, inter alia, granted the defendants’ cross motion to dismiss the complaint for failure to appear pursuant to 22 NYCRR 202.27.

Ordered that the order is affirmed, without costs or disbursements.

This action to recover damages for wrongful termination of employment was commenced in 1990. The court marked the action off a pre-note of issue calendar in 1993 when the plaintiff failed to appear for a court…