The execution of the instrument as required for deeds and not for wills is some evidence of an intent to convey a present interest. In re Lautenshalager, 80 Mich. 285, 45 N.W. 147; Fergerson v. Fergerson, 27 Tex. 339. Delivery of the instrument is some evidence of an intent to convey a present interest.
Thus, the plaintiff was required to either timely file a note of issue or move for an extension of time within which to comply pursuant to CPLR 2004. The plaintiff did neither and therefore he was obligated to demonstrate a reasonable excuse and a meritorious cause of action to avoid the sanction of dismissal ( see, Neu v. Paul Realty Co., ___ A.D.2d ___ [2d Dept., Apr. 26, 1999]; Russo v. Automotive Rentals, 247 A.D.2d 603; Fergerson v. Fergerson, 237 A.D.2d 247; Arenas v. County of Nassau, 232 A.D.2d 514)
Thus, the plaintiff was required to either timely file a note of issue or move for an extension of time within which to comply pursuant to CPLR 2004. The plaintiff did neither and therefore he was obligated to demonstrate a reasonable excuse and a meritorious cause of action to avoid the sanction of dismissal ( see, Neu v. Paul Realty Co., ___ A.D.2d ___ [2d Dept., Apr. 26, 1999]; Russo v. Automotive Rentals, 247 A.D.2d 603; Fergerson v. Fergerson, 237 A.D.2d 247; Arenas v. County of Nassau, 232 A.D.2d 514)
Thus, the plaintiff was required to either timely file a note of issue or move for an extension of time within which to comply pursuant to CPLR 2004. The plaintiff did neither and therefore he was obligated to demonstrate a reasonable excuse and a meritorious cause of action to avoid the sanction of dismissal ( see, Neu v. Paul Realty Co., 260 A.D.2d 615; Russo v. Automotive Rentals, 247 A.D.2d 603; Fergerson v. Fergerson, 237 A.D.2d 247; Arenas v. County of Nassau, 232 A.D.2d 514). The plaintiff failed to establish a reasonable excuse for his failure to respond to the 90-day notice.