Opinion
April 29, 1996
Appeal from the Supreme Court, Westchester County (Burrows, J.).
Ordered that the order is affirmed, without costs or disbursements.
Notwithstanding the defendants' failure to offer "good cause" for their failure to timely settle an order ( 22 NYCRR 202.48 [b]) reflecting the court's decision dismissing the complaint for failure to establish a prima facie case, under the facts of this case the court did not improvidently exercise its discretion in denying the plaintiff's motion to deem the defendants' motion, which was to dismiss the complaint, to have been abandoned. "A contrary result would not bring the `repose to court proceedings' ( Hickson v. Gardner, 134 A.D.2d 930, 931; Persaud v. Goriah, 143 Misc.2d 225) that 22 NYCRR 202.48 was designed to effectuate, and would waste judicial resources" ( Russo v. City of New York, 206 A.D.2d 355, 356). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.