Opinion
February 8, 1988
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the appeal from the order entered July 16, 1987 is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order entered March 10, 1987, and the order dated March 23, 1987, respectively, are affirmed, and it is further,
Ordered that the respondent is awarded one bill of costs.
Based on the facts of this case, the trial court did not abuse its discretion in dismissing the complaint with prejudice and refusing to restore the case to the Trial Calendar. The plaintiff had been granted several adjournments by the trial court over a period of approximately one year. Moreover, prior to the last adjournment, the plaintiff was informed that no further adjournments would be granted. Despite this warning, the plaintiff was not ready to proceed on the final adjourned date. Mollen, P.J., Lawrence, Eiber and Sullivan, JJ., concur.