Opinion
Submitted April 21, 1999
June 1, 1999
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Meehan, J.), dated June 29, 1998, which denied their motion to vacate an order of the same court, dated June 26, 1996, granting the defendants' motion to dismiss the complaint for their failure to comply with a prior order of the same court directing discovery.
Epstein Epstein, Spring Valley, N.Y. (Ephrem Wertenteil of counsel), for appellants.
Alan M. Simon. Town Attorney, Suffern, N.Y. (Janice Gittelman of counsel), for respondent Town of Ramapo.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
By order dated June 26, 1996, the Supreme Court granted the defendants' motion to dismiss the complaint for the plaintiffs' failure to comply with a prior order of the same court directing discovery. The plaintiffs do not deny that they received notice of the order dismissing the complaint in July 1996. Since the plaintiffs did not move to vacate their default on the ground of excusable neglect under CPLR 5015 (a)(1) until April 1998, almost two years after obtaining actual notice of the order dismissing the action, the motion was properly denied as untimely ( see, Matter of Brittany J., 235 A.D.2d 310; Matter of Angelidis v. New York State Div. of Hous. Community Renewal, 206 A.D.2d 975; Ocasio v. City of New York, 186 A.D.2d 520; Long Is. Trust Co. v. PTI Intl. Corp. of N.Y., 166 A.D.2d 504).