Opinion
May 30, 2000
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated December 22, 1999, which denied his motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.
Before: O'Brien, J.P., Altman, Friedmann, McGinity and Smith, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the defendant's motion ( see, Matter of Simmons v. McSimmons, Inc., 261 A.D.2d 547; Markarian v. Hundert, 180 A.D.2d 780).