Opinion
December 30, 1999
Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Dismiss Pleading.
PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court did not abuse its discretion in granting defendant's motion to dismiss the complaint based on plaintiff's failure to file a note of issue and statement of readiness pursuant to defendant's demand or to comply with the court's scheduling order. In response to the motion, plaintiff failed to offer a reasonable excuse for the failure to file the note of issue and failed to submit an affidavit of merit ( see, Geise v. Wetherill, 238 A.D.2d 952, 952-953; Jaeger v. Spina, 224 A.D.2d 951, 952; cf., Feeney v. Benderson Dev. Corp., 255 A.D.2d 965, 966). A plaintiff proceeding pro se is not excused from the requirement of submitting an affidavit of merit ( see, Yule v. Comerford, 140 A.D.2d 981, 982).