Opinion
August 2, 1999.
Appeal from the Supreme Court, Nassau County (Lally, J.).
Ordered that the appeal from the order entered February 19, 1998, is dismissed, as that order was superseded by the order dated August 3, 1998; and it is further,
Ordered that the order dated August 3, 1998, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
On September 26, 1997, the defendant Rosemarie Bolte served the plaintiff with a 90-day demand pursuant to CPLR 3216. 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.
S. Miller, J. P., Sullivan, Friedmann and Feuerstein, JJ., concur.