Opinion
2003-05837.
Decided April 26, 2004.
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated May 28, 2003, which denied their motion to extend the time to file a note of issue.
Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for appellants.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the plaintiffs' second motion to extend the time to file a note of issue, given the delay of more than 2½ years in conducting any further discovery and in properly filing a note of issue, an inadequate excuse for the delay, and prejudice to the defendants ( see Dhaliwal v. Long Boat Taxi, 305 A.D.2d 449; Carota v. Massapequa Union Free School Dist., 272 A.D.2d 428).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.