VANALST v. CITY OF NEW YORK

ORDERED that the order is affirmed, with costs.

When a party's failure to comply with disclosure orders is willful, deliberate, and contumacious, it is within the trial court's discretion to dismiss that party's pleading (see Kihl v. Pfeffer, 94 N.Y.2d 118, 122; Abouzeid v. Cadogan, 291 A.D.2d 423; Lones v. Lampeas, 270 A.D.2d 317). Here, the plaintiff's flagrant failure to comply with discovery orders of this court (see Vanalst v. City of New York, 276 A.D.2d 789) and the Supreme Court over an extended period of time, without sufficient excuse, was willful and contumacious (see Castrignano v. Flynn, 255 A.D.2d 352; Kubacka v. Town of N. Hempstead, 240 A.D.2d 374; Frias v. Fortini, 240 A.D.2d 467). Accordingly, the Supreme Court providently exercised its discretion in dismissing the complaint.

FLORIO, J.P., S. MILLER, FRIEDMANN, TOWNES and MASTRO, JJ., concur.