Opinion
April 28, 1997
In an action, inter alia, to recover damages for legal malpractice, the plaintiff Adeline Scomello appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated February 27, 1996, which granted the defendants' motion pursuant to CPLR 3012 (b) to dismiss the action.
Ordered that the order is affirmed, with costs.
The appellant failed to come forward with a reasonable excuse for her failure to serve the complaint in a timely fashion ( see, e.g., Bardales v. Blades, 191 A.D.2d 667; DeSiena v. Maimonides Hosp. Ctr., 163 A.D.2d 351; Egan v. Federated Dept. Stores, 108 A.D.2d 718), and she similarly failed to make a prima facie showing of legal merit ( see, e.g., Gibson v. Victory Mem. Hosp., 221 A.D.2d 503; DeSiena v. Maimonides Hosp. Ctr., supra; Oversby v. Linde Div., 121 A.D.2d 373). Accordingly, the Supreme Court did not improvidently exercise its discretion in granting the defendants' motion pursuant to CPLR 3012 (b) to dismiss the action. Rosenblatt, J.P., Miller, Thompson and Friedmann, JJ., concur.