Opinion
2009-1470 K C.
Decided February 18, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered January 9, 2009. The order dismissed the complaint with prejudice.
ORDERED that the appeal is dismissed.
PRESENT: GOLIA, J.P., PESCE and STEINHARDT, JJ.
In this action by a tenant against her landlord and the landlord's managing agent, the Civil Court (Noach Dear, J.), by order entered December 9, 2008, directed plaintiff to provide responses to defendants' discovery requests; the order further provided that the action would be dismissed in the event of plaintiff's failure to comply with its terms. Without appealing from this order, plaintiff timely served a reply to defendants' discovery requests, but failed to turn over any documents to defendants. Following a compliance conference on January 9, 2009, the Civil Court (Genine D. Edwards, J.) dismissed the action with prejudice for plaintiff's failure to comply with the earlier discovery order, and plaintiff appeals from this order.
The compliance conference order, which did not decide a motion made on notice, was not appealable as of right ( see CCA 1702). Consequently, plaintiff's appeal from the order entered January 9, 2009 is dismissed.
Golia, J.P., Pesce and Steinhardt, JJ., concur.