CPLR R. 3216

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered
October 26, 2007, which granted defendants' motions to dismiss the
complaint for failure to prosecute, and denied plaintiff's cross motion
to vacate or extend the CPLR 3216 notice served by the court,
unanimously affirmed, without costs.

The subject notice (in which the court crossed out the number
90 and inserted the number 120) was issued after the fifth pre-note of
issue conference and sixth pre-note of issue order pertaining to
disclosure. While plaintiff's attorney offered some compelling personal
reasons for the general pre-notice delay, the only specific excuse he
gave, in an affirmation submitted after the 120-day period had already
run, for not being able to meet the 120-day deadline was his office's
relocation during the 120-day period. Such excuse did not demonstrate
good cause for the requested extension of the already extended notice.
While plaintiff contends that defendants were themselves noncompliant
with the prior disclosure orders, and that such noncompliance was
preventing her from filing a note of issue, she had her remedies during
the lengthy period of general delay (CPLR 3124, 3126), and no basis
exists to disturb the motion court's finding that plaintiff's laxity
and delay were "wanton."