Opinion
August 4, 1986
Appeal from the Supreme Court, Suffolk County (Geiler, J.).
Order affirmed insofar as appealed from, without costs or disbursements.
It is clear from the record that the certificates of readiness, which stated that there were no outstanding discovery requests, did not contain any material misstatements requiring the court to vacate the notes of issue filed, since certain interrogatories were not submitted by the respondents-appellants until after the notes of issue were filed. In any event, the court ordered the petitioner-respondent to serve its answer to the interrogatories within 45 days of the issuance of that order (see, Kinney v Kinney, 81 A.D.2d 942; Web Transmissions v Jetro Automatic Transmission, 20 A.D.2d 902).
Nor did the court abuse its discretion in refusing to strike these proceedings from the Trial Calendar based upon the respondents-appellants' allegation that discovery proceedings had not yet been completed. Portions of these consolidating proceedings have been pending for over nine years, thus providing the respondents-appellants with an ample opportunity to conduct discovery proceedings. In addition, the court ordered that all discovery be completed by a day certain (see, Travelers Ins. Co. v New York Yankees, 102 A.D.2d 851; Kra v Freeman, 55 A.D.2d 928; Mac Asphalt Contr. Co. v CMI Corp., 46 A.D.2d 888; 68 Fifth Ave. Rest. v 59 Fifth Rest. Corp., 37 A.D.2d 780). Weinstein, J.P., Niehoff, Lawrence and Eiber, JJ., concur.