Opinion
November 3, 1997
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the appeal by the plaintiff Christopher Garten is dismissed, for failure to timely perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [e]); and it is further,
Ordered that the judgment is affirmed insofar as reviewed; and it is further,
Ordered that one bill of costs is awarded to the respondents.
In view of the appellant's failure to provide a reasonable excuse for the extensive delay in serving a bill of particulars, to comply with the court's conditional order of dismissal, and to submit an affidavit of merit from a physician, the court did not improvidently exercise its discretion in dismissing her complaint (see, Pantaliano v. Goodman, 214 A.D.2d 607; Murdock v. Center for Special Surgery, 199 A.D.2d 482; Barbera v. DeRostaing, 140 A.D.2d 660).
O'Brien, J. P., Thompson, Santucci and Joy, JJ., concur.