Opinion
June 1, 1998
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is affirmed, without costs or disbursements.
We agree with the Supreme Court that the action was not barred by 22 NYCRR 691.10 (b).
Furthermore, under these circumstances where the defendants failed to offer a valid excuse for their failure to appear for trial on April 2, 1997, the Supreme Court did not improvidently exercise its discretion in denying the defendants' alternative relief of restoring the case to the trial calendar ( see, Green v. Dolphy Constr. Co., 187 A.D.2d 635; Putney v. Pearlman, 203 A.D.2d 333).
O'Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.