Opinion
May 21, 1982
Appeal from the Supreme Court, Erie County, Mattina, J.
Present — Simons, J.P., Doerr, Denman, Boomer and Moule, JJ.
Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Plaintiff has failed to make any showing of merit to his action or advance any reasonable excuse for the failure to file a note of issue and a certificate of readiness and the court abused its discretion in denying defendant's motion to dismiss.