Deltejo v. St. Nicholas Venture Inc.

*590Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about March 16, 2009, which dismissed the action as abandoned, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the complaint reinstated.

Appellate review of the dismissal of an action is normally available only after the grant of a motion for such relief, or the denial of a motion to vacate or modify the dismissal order. Because the dismissal order, under CPLR 3404, did not result from an order on notice, it is not appealable as of right. However, we deem the notice of…