Opinion
June 5, 1992
Appeal from the Supreme Court, Wyoming County, Newman, J.
Present — Callahan, J.P., Green, Lawton, Davis and Doerr, JJ.
Order unanimously reversed in the exercise of discretion without costs, motion granted and judgment reinstated. Memorandum: Respondents should be relieved of their abandonment under 22 NYCRR 202.48 because they demonstrated good cause for their failure to comply therewith. Respondents, who proceeded on a pro se basis, were not aware of the rule. Additionally, certain correspondence between the Village Attorney and the attorney for the claimant in a consolidated action misled respondents into believing that further guidance from the court was necessary before a final judgment could be entered. Moreover, it would be inequitable to allow the failure of these pro se litigants to comply with a court rule to deprive them of the just compensation to which they became entitled after the Village condemned their property. Respondents clearly never intended to abandon their claim.