Opinion
April 19, 1996
Appeal from the Supreme Court, Steuben County, Scudder, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Boehm, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: "For plaintiff[s] to avoid dismissal of [their] action for failure to timely serve a complaint, [they] must demonstrate a reasonable excuse for [their] delay and establish the meritorious nature of [their] claim" ( Young v. Bassett Hosp., 190 A.D.2d 905; see, CPLR 3012 [b]; Fantauzzo v. Steimer, 193 A.D.2d 1125; Iafallo v. Dolan, 162 A.D.2d 965). Because plaintiffs proffered no excuse for their delay and failed to submit an affidavit of merit, Supreme Court erred in denying defendants' motion to dismiss ( see, Fantauzzo v Steimer, supra; Young v. Bassett Hosp., supra).