Opinion
June 26, 1995
Appeal from the Supreme Court, Kings County (I. Aronin, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order and judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
A failure to submit a proposed order for signature within the 60-day period prescribed by 22 NYCRR 202.48 may be excused by good cause shown. The defendants asserted that the failure to settle the order on notice which permitted them to serve a late answer to the amended complaint was the result of their attorney not being familiar with the practice of the court and that she did not hear the trial court's directive in court to settle the order on notice. We find that this does not constitute the "good cause" necessary to excuse the delay (see, Feldman v. New York City Tr. Auth., 171 A.D.2d 473; York v. General Elec. Co., 170 A.D.2d 322). Thompson, J.P., Pizzuto, Santucci and Florio, JJ., concur.