Opinion
Submitted April 26, 2000.
June 19, 2000.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated July 27, 1999, which denied her motion to vacate the automatic dismissal pursuant to CPLR 3404 to vacate the automatic dismissal of the action and to restore the action to the trial calendar.
Matthew S. Aboulafia, New York, N.Y. (David I. Aboulafia of counsel), for appellant.
Aaronson, Rappaport, Feinstein Deutsch, LLP, New York, N Y (Steve C. Mandell of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff's motion papers were not adequate to establish that the case should be restored to the trial calendar (see, Rudy v. Chasky, 260 A.D.2d 625; Iazzetta v. Vicenzi, 243 A.D.2d 540). Moreover, the Supreme Court providently exercised its discretion in rejecting the plaintiff's untimely reply papers (see, CPLR 2214[c]; Foitl v. G.A.F. Corporation, 64 N.Y.2d 911). Accordingly, the Supreme Court properly denied the plaintiff's motion.
The plaintiff's remaining contentions need not be addressed in light of our determination.