Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Howe, J.
Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion to dismiss the complaint. In opposing defendant's motion pursuant to CPLR 3012 (b), plaintiff failed to meet his burden of showing that the delay in serving the complaint was excusable and that his cause of action for divorce was meritorious (see, Fantauzzo v. Steimer, 193 A.D.2d 1125; Iafallo v. Dolan, 162 A.D.2d 965).