Opinion
2072N
October 30, 2003.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered September 25, 2002, which denied plaintiffs' motion to vacate the Clerk's dismissal of the case on May 1, 2002 and to restore it to the calendar, unanimously affirmed, without costs.
Francesco Pomara, Jr., for plaintiffs-appellants.
Kelly Duffy, for defendants-respondents.
Before: Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.
The law office failure leading to the dismissal was not excusable. The default was part of a pattern of dilatory behavior, as evidenced by plaintiff's three prior motions to restore, which were granted (see Rudes v. Magna Stables Co., 277 A.D.2d 63; Campenni v. Ridgecroft Estates Owners, Inc., 261 A.D.2d 496, 497; Fink Weinberger, P.C. v. Rosenkrantz, 252 A.D.2d 368). Twelve years having transpired since the accident and discovery not having been commenced, defendants would be severely prejudiced by restoration (see Tortorello v. Carlin, 286 A.D.2d 628).
We have considered plaintiffs' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.