GARRETT v. MARTIN

Ordered that the appeal from the order entered February 19, 1998, is dismissed, as that order was superseded by the order dated August 3, 1998; and it is further,

Ordered that the order dated August 3, 1998, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

On September 26, 1997, the defendant Rosemarie Bolte served the plaintiff with a 90-day demand pursuant to CPLR 3216. Thus, the plaintiff was required to either timely file a note of issue or move for an extension of time within which to comply pursuant to CPLR 2004. The plaintiff did neither and therefore he was obligated to demonstrate a reasonable excuse and a meritorious cause of action to avoid the sanction of dismissal ( see, Neu v. Paul Realty Co., 260 A.D.2d 615; Russo v. Automotive Rentals, 247 A.D.2d 603; Fergerson v. Fergerson, 237 A.D.2d 247; Arenas v. County of Nassau, 232 A.D.2d 514). The plaintiff failed to establish a reasonable excuse for his failure to respond to the 90-day notice.

S. Miller, J. P., Sullivan, Friedmann and Feuerstein, JJ., concur.