MELANSON v. CAGGIANO

Order unanimously reversed on the law without costs and motion denied. Memorandum: "[A]bsent special, unusual or extraordinary circumstances spelled out factually" by defendants, Supreme Court lacked discretion to grant defendants motion for further discovery after the note of issue and statement of readiness were filed ( Gould v. Marone, 197 A.D.2d 862; see, Armatys v. Edwards, 229 A.D.2d 906, 907; Cottrell v. Spina, 214 A.D.2d 946). "A lack of diligence in seeking discovery does not constitute a special or an extraordinary circumstance" ( Laudico v. Sears, Roebuck Co., 125 A.D.2d 960, 961).