Opinion
May 21, 1982
Appeal from the Supreme Court, Onondaga County, Miller, J.
Present — Simons, J.P., Callahan, Doerr, Moule and Schnepp, JJ.
Order unanimously reversed and motion denied, without costs. Memorandum: Plaintiff has failed to show any reasonable excuse for the failure to serve and file a note of issue and Special Term abused its discretion when it vacated its order of dismissal, granted reargument of defendant's motion to dismiss and gave plaintiff 20 days to file a note of issue (see Barasch v. Micucci, 49 N.Y.2d 594).