Opinion
May 15, 1981
Appeal from the Onondaga Supreme Court.
Present — Dillon, P.J., Cardamone, Simons, Denman and Schnepp, JJ.
Order unanimously reversed, without costs, and motion denied. Memorandum: The moving papers do not state an acceptable excuse for plaintiffs' failure to request removal of the case from the general docket within the one-year period required by the rules and previous decisions of this court (see CPLR 3404; 22 NYCRR 1024.8, 1024.12, 1024.13 [a]; Goetzmann v Continental Cas. Co., 70 A.D.2d 1046). Accordingly, Special Term abused its discretion in granting the motion to restore.