Opinion
2001-10095
Submitted January 3, 2003.
January 27, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated August 27, 2001, which granted the defendant's motion pursuant to CPLR 3211 to dismiss the complaint.
Vincent J. Favorito, Brooklyn, N.Y., for appellants.
Kelly, Rode Kelly, LLP, Mineola, N.Y. (Thomas W. Ledwith of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion to dismiss the complaint. By order dated September 18, 2000, the plaintiff's time to serve the defendant with a summons and complaint was extended pursuant to CPLR 306-b. Eight months subsequent to that order, the plaintiffs still had not served the defendant. Considering the extended delay in service, the plaintiffs' lack of diligence in effecting service, the prejudice to the defendant as a result of the delay, and the absence of a reasonable excuse for the delay, the plaintiffs are not entitled to an additional extension of time to effectuate service (see Leader v. Maroney, Ponzini Spencer, 97 N.Y.2d 95; Ludemann v. Maisel, 292 A.D.2d 428; Rihal v. Kirchhoff, 291 A.D.2d 548; Carbonaro v. Maimonides Med. Ctr., 289 A.D.2d 437).
KRAUSMAN, J.P., FRIEDMANN, MASTRO and RIVERA, JJ., concur.