Opinion
Submitted December 8, 1999
January 24, 2000
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated January 25, 1999, which, inter alia, granted the motion of the defendants Harirua Papathanasopoulos and N. Papathanasopoulos to strike the action from the trial calendar due to their failure to comply with a prior order of the same court dated September 17, 1998.
Bernadette Panzella, P.C., Staten Island, N.Y., for appellants.
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto of counsel), for respondents.
WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the respondents' motion to strike the action from the trial calendar due to the plaintiffs' failure to comply with a prior order of the same court dated September 17, 1998, which directed the plaintiff Steven Green to undergo an orthopedic examination of his back. The plaintiffs' contention that the court erred in compelling Steven Green to undergo an orthopedic examination is not properly before this court, as that issue was not decided in the order appealed from (see, Savet v. Schmidt, 265 A.D.2d 474 [2d Dept., Oct. 18, 1999];Duffy v. Holt-Harris, 260 A.D.2d 595 ).
The plaintiffs' remaining contention is unpreserved for appellate review (see, Chakanovsky v. C.A.E. Link Corp., 201 A.D.2d 785 ).
THOMPSON, J.P., S. MILLER, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.