Rosano v. County of Nassau

Full title: LAWRENCE R. ROSANO, Respondent, v. COUNTY OF NASSAU et al., Appellants

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

Date published: Oct 17, 1994

208 A.D.2d 704 (N.Y. App. Div. 1994)

617 N.Y.S.2d 789

Opinion

October 17, 1994

Appeal from the Supreme Court, Nassau County (Kohn, J.).

Ordered that the order is reversed, on the law, with costs, the defendants' motion is unconditionally granted, and the complaint is dismissed.

The plaintiff has failed to demonstrate a reasonable excuse for the delay in serving the complaint and to submit a proper affidavit of merits. His complaint should have been unconditionally dismissed pursuant to CPLR 3012 (b) (see, Kel Mgt. Corp. v. Roger Wells, 64 N.Y.2d 904; Stolowitz v. Mount Sinai Hosp., 60 N.Y.2d 685; Ferrara v. Guardino, 164 A.D.2d 932; Innerarity v. County of Westchester, 144 A.D.2d 645; Niedermeier v. Nassau County Dept. of Social Servs., 143 A.D.2d 78; Galio v Restrepo, 38 A.D.2d 586). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.