DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.
Having been served with a 90-day notice pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the notice by filing a note of issue or by moving, before the default date, either to vacate the notice or extend the 90-day period ( see, Papadopoulas v. R.B. Supply Corp., 152 A.D.2d 552). The plaintiff failed to do so. Accordingly, in order to avoid the sanction of dismissal, she was required to demonstrate a justifiable excuse for the delay in properly responding to the 90-day notice and that she had a meritorious cause of action ( Allone v. University Hosp. of New York Univ. Med. Ctr., 249 A.D.2d 430, 432; Spierto v. Pennisi, 223 A.D.2d 537). The plaintiff failed to meet this burden.
In light of our determination, we need not address the appellant's remaining contention.