Opinion
May 31, 1994
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the order is affirmed, with costs.
The defendant contends that the Supreme Court improvidently exercised its discretion in dismissing the action because the dismissal without prejudice did not bar the infant plaintiff from recommencing her action in Bronx County, where it had originally been improperly venued (see, Johnson v. Greater N.Y. Conference of Seventh Day Adventist Church, 181 A.D.2d 862). We disagree, and find that the court properly declined to vacate its prior order which dismissed the action based upon the parties' failure to comply with the court's schedule for the completion of pretrial discovery. The record demonstrates that both parties willfully failed to proceed with pretrial discovery for a period of nearly two years, and offered no excuse for disregarding the court's notice that it would dismiss the action unless a note of issue was filed, or an extension of time in which to complete discovery was sought. Under these circumstances, the Supreme Court did not improvidently exercise its discretion in imposing the sanction of dismissal for the parties' failure to comply with its discovery order (see, CPLR 3126; Spinello v. Abortion Servs. of O.B.G.Y.N. Assocs. Med. Pavilion, 193 A.D.2d 797; Adams v. Brookdale Hosp. Med. Ctr., 188 A.D.2d 630; Gonzalez v. Paniccioli, 174 A.D.2d 709), or in declining to vacate its order of dismissal solely to prevent the infant plaintiff from recommencing her action in Bronx County where she had relocated. Lawrence, J.P., Ritter, Hart and Krausman, JJ., concur.