Opinion
June 22, 1990
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.
Order unanimously affirmed without costs. Memorandum: The affidavits submitted by plaintiff in opposition to defendants' motion, made pursuant to CPLR 3012 (b), to dismiss the action for failure to serve a complaint within 20 days of the demand, were insufficient to demonstrate a reasonable excuse for the delay and that plaintiff's action has merit. Consequently, the court did not abuse its discretion by dismissing plaintiff's action.