Opinion
Submitted December 15, 1999
February 10, 2000
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated January 29, 1999, which denied their motion to restore the action to the trial calendar.
Frank X. Kilgannon, Mineola, N.Y., for appellants.
Owen B. Walsh, County Attorney, Mineola, N.Y. (Richard S. Leffer and Joseph C. Andruzzi of counsel), for respondents.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion when it denied the plaintiffs' motion to restore the action to the trial calendar (see, Advanced Ortho-Technology v. Orthospec, Inc., 203 A.D.2d 218; Knight v. City of New York, 193 A.D.2d 720 ; Civello v. Grossman, 192 A.D.2d 636 ; Hewitt v. Booth Mem. Med. Center, 178 A.D.2d 401 ).