Opinion
December 23, 1993
Appeal from the Supreme Court, New York County (William McCooe, J.).
The IAS Court properly deemed the first application abandoned for failure to settle an order within 60 days in contravention of 22 NYCRR 202.48. Attorney oversight is not "good cause" excusing such a delay (Feldman v New York City Tr. Auth., 171 A.D.2d 473), and the consequences of noncompliance cannot be avoided through the simple expedient of resubmitting the same motion (supra). The refiled application was also properly denied as untimely (CPLR 7511). Questions concerning the effect of this abandoned proceeding on the timeliness of any new action to be commenced by petitioner in State court should the Federal court determine it lacks jurisdiction over petitioner's related claims in that court are premature.
Concur — Murphy, P.J., Carro, Ellerin and Kupferman, JJ.