The Second Department, reversing Supreme Court, determined dismissal of a motion to enter a default judgment as abandoned pursuant to 22 NYCTT 202.48(b) was improper because the underlying order did not direct that it be settled or submitted for signature:
The Supreme Court incorrectly, sua sponte, dismissed the action as abandoned pursuant to 22 NYCRR 202.48(b) because … its determination of the plaintiff’s 2014 motion did not expressly direct that the proposed judgment or order be settled or submitted for signature (see 22 NYCRR 202.48[a]; Funk v Barry, 89 NY2d 364, 367). HSBC Bank USA, N.A. v Moley, 2016 NY Slip Op 08844, 2nd Dept 12-28-16
CIVIL PROCEDURE (AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE)/ABANDONMENT (CIVIL PROCEDURE, ORDERS AND JUDGMENTS, AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE)/ORDERS (ABANDONMENT, (AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE)