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ALFRED CAROTA, JR., plaintiff, v. MASSAPEQUA UNION FREE SCHOOL DISTRICT, defendant third-party plaintiff; F.P.S. ELECTRIC, INC., third-party defendant, fourth and sixth-party plaintiff-appellant, WILLIAM M. BLAKE AGENCY, INC., sixth-party defendant-respondent (and other third-party actions).

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The grant of an extension of time pursuant to CPLR 2004 is addressed to the sound discretion of the court (see, Salzman Salzman v. Gardiner, 100 A.D.2d 846; Versatile Furniture Prods., Inc. v. 32-8 Maujer Realty, Inc., 97 A.D.2d 463). The Supreme Court properly determined that the appellant failed to establish a reasonable excuse for its delay in prosecuting the sixth-party action. Accordingly, the Supreme Court providently exercised its discretion in granting the cross motion pursuant to CPLR 3216 to dismiss the sixth-party complaint (see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499; Rada v. City of Yonkers, 204 A.D.2d 523; Versatile Furniture Prods., Inc. v. 32-8 Maujer Realty, Inc., supra).

SANTUCCI, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.

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CAROTA v. MASSAPEQUA UNION FREE SCHOOL DIST
(May 15, 2000)