ACEVEDO v. DePENA

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the plaintiffs' second motion to extend the time to file a note of issue, given the delay of more than 2½ years in conducting any further discovery and in properly filing a note of issue, an inadequate excuse for the delay, and prejudice to the defendants ( see Dhaliwal v. Long Boat Taxi, 305 A.D.2d 449; Carota v. Massapequa Union Free School Dist., 272 A.D.2d 428).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.