Opinion
October 6, 1989
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Dillon, P.J., Denman, Boomer, Green and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: More than seven years passed between defendant's second demand for service of a complaint and this motion by defendant to dismiss the action pursuant to CPLR 3012 (b). Plaintiff failed to offer a reasonable excuse for such a long delay (see, Barasch v Micucci, 49 N.Y.2d 594; Varanelli v County of Suffolk, 130 A.D.2d 653; Berna v Monroe Community Coll., 91 A.D.2d 1199). Thus Supreme Court acted properly in denying plaintiff's motion for an extension of time to serve a complaint (CPLR 3012 [d]) and in dismissing the action.
We also find that Supreme Court did not abuse its discretion in denying plaintiff's application to punish defendant for contempt.