Opinion
May 26, 1992
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the order is affirmed, without costs or disbursements.
In light of the five-year period of inactivity in this case between the appointment of the appellant George E. Prassas as the administrator of his late brother's estate and the instant motion seeking his substitution in this action, the insufficiency of the excuse proffered for the delay, the absence of any affidavit of merit, and the fact that the plaintiffs no longer wish to prosecute their action against the defendants, we find that the court did not improvidently exercise its discretion in denying the motion for substitution and granting the plaintiffs' cross motion to dismiss the defendants' counterclaims with prejudice (see, CPLR 1021; Hemphill v. Rock, 87 A.D.2d 836; Dorney v Reddy, 45 A.D.2d 754; Meier v. Shively, 10 A.D.2d 566; Ruderman v Feffer, 10 A.D.2d 704; Mazzacano v. Jordan, 40 Misc.2d 901).
We have reviewed the appellants' remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.