Opinion
December 22, 1995
Appeal from the Supreme Court, Monroe County, Siragusa, J.
Present — Green, J.P., Lawton, Callahan, Doerr and Davis, JJ.
Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Following a bench trial, Supreme Court found in favor of plaintiff in the amount of $5,000 on his cause of action against defendants for conversion. Eleven months later, plaintiff's attorney submitted to defendants' attorney a proposed judgment, which defendants' attorney rejected as untimely. Plaintiff moved for an order permitting entry of the judgment and defendants cross-moved for an order dismissing the action as abandoned pursuant to 22 NYCRR 202.48. The court granted plaintiff's motion and denied defendants' cross motion. We reverse.
In Hickson v Gardner ( 134 A.D.2d 930), this Court held that 22 NYCRR 202.48 applies to judgments that did not require the signature of the court. In that case, we held that the court may allow the filing of an untimely judgment if good cause is demonstrated (see also, Rivera v Rivera [appeal No. 2], 206 A.D.2d 970; Krueger v Wilde [appeal No. 2], 204 A.D.2d 990). Hickson remains the law in this Department, although the First and Second Departments have interpreted 22 NYCRR 202.48 differently (see, Donovan v DiPietro, 195 A.D.2d 589; Winckel v Atlantic Rentals Sales, 195 A.D.2d 599; Helfant v Sobkowski, 174 A.D.2d 340; Dicini, Inc. v Hengerer Co., 171 A.D.2d 515, lv dismissed in part and denied in part 78 N.Y.2d 940; Bell v New York Higher Educ. Assistance Corp., 158 A.D.2d 305, mot to dismiss appeal granted 76 N.Y.2d 845, rearg denied 76 N.Y.2d 1015). Because plaintiff failed to demonstrate good cause for his 11-month delay in submitting a proposed judgment, the court was required to dismiss the action as abandoned.