Opinion
No. CV-04-1858(JS)(ETB).
February 13, 2006
Eric W. Naiburg, Esq., Central Islip, New York, for Plaintiff.
Robert S. Goodman, Esq., Handler Goodman LLP, New York, New York, for Defendants.
MEMORANDUM AND ORDER
On September 22, 2005, this Court issued an Order granting Defendants' motion to dismiss the Complaint due to improper service. The Complaint was dismissed without prejudice and Plaintiff was granted sixty (60) days to effect proper service and file proof of service with this Court. Plaintiff was warned that failure to timely effect service would result in dismissal with prejudice.
While Plaintiff has filed a request for an extension of time to effect service in a related action, CAT 2002 v. Sharon Evans, et al., 04-CV-1715, Plaintiff filed no such request in this action. The time for effecting proper service has expired. Therefore, the Court hereby DISMISSES the Complaint WITH PREJUDICE.
SO ORDERED.