Pullem v. Town of Babylon

Full title: STEVEN D. PULLEM et al., Appellants, v. TOWN OF BABYLON, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 21, 1998

253 A.D.2d 805 (N.Y. App. Div. 1998)

677 N.Y.S.2d 513

Opinion

September 21, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that; the order is affirmed, with costs.

This case was marked off the trial calendar for almost three years before he plaintiffs moved to restore the action to the trial calendar. The plaintiffs' only excuse for the delay was that their counsel did not know that the matter had been placed on the trial calendar and then marked off the calendar. That excuse is not acceptable ( see, Diamond v. J.B.J. Mgt. Co., 220 A.D.2d 378; Kopilas v. Peterson, 206 A.D.2d 460; Robinson v. New York City Tr. Auth., 203 A.D.2d 351). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion to restore the action to the trial calendar ( see, Diamond v. J.B.J. Mgt. Co., supra; Kopilas v. Peterson, supra; Iazzetta u Vicenzi, 243 A.D.2d 540).

Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.