Opinion
December 22, 1995
Appeal from the Supreme Court, Monroe County, Kehoe, J.
Present — Pine, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion to dismiss the complaint pursuant to CPLR 3012 (b). The proffered excuse that plaintiff did not understand that he could not proceed pro se while represented by an attorney does not constitute a reasonable excuse for the untimely service of the complaint nor does it excuse his failure to submit an affidavit of merit (see, Redding v Saunders, 213 A.D.2d 1015, lv denied 85 N.Y.2d 811; Brooks v Inn at Saratoga Assn., 188 A.D.2d 921; Sabatino v Albany Med. Ctr. Hosp., 187 A.D.2d 777, 778; Yule v Comerford, 140 A.D.2d 981; see generally, Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904, 905). "A pro se litigant acquires no greater rights than those of any other litigant and cannot use such status to deprive defendant of the same rights as other defendants [citation omitted]" (Brooks v Inn at Saratoga Assn., supra, at 921).