Opinion
January 24, 1986
Appeal from the Supreme Court, Oneida County, Inglehart, J.
Present — Dillon, P.J., Doerr, Green, O'Donnell and Pine, JJ.
Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: By filing the note of issue and statement of readiness, plaintiff waived her right to further discovery (Gray v Crouse-Irving Mem. Hosp., 107 A.D.2d 1038, 1039; Riggle v Buffalo Gen. Hosp., 52 A.D.2d 751, 752). "Only where there are present `special, unusual or extraordinary circumstances, spelled out factually,' has Special Term discretion to depart from the rule which forecloses discovery proceedings after the statement of readiness has been filed" (Niagara Falls Urban Renewal Agency v Pomeroy Real Estate Corp., 74 A.D.2d 734, appeal dismissed 50 N.Y.2d 842; Giddens v Moultrie, 66 A.D.2d 993; Doll v Kleinklaus, 66 A.D.2d 1003, 1004). Plaintiff's lack of diligence in pursuing her lawsuit does not constitute a "special, unusual, or extraordinary circumstance" which would justify her request for discretionary relief (Doll v Kleinklaus, supra, p 1004).