Opinion
November 10, 1986
Appeal from the Supreme Court, Niagara County, DiFlorio, J.
Present — Doerr, J.P., Denman, Green, Pine and Schnepp, JJ.
Order insofar as appealed from unanimously reversed on the law, without costs and motion denied. Memorandum: The court erred in vacating an order of dismissal pursuant to CPLR 3404 since there was neither an affidavit of merit nor an adequate excuse for the lengthy delay (see, Fluman v TSS Dept. Stores, 100 A.D.2d 838).