Ordered that the appeal by the plaintiff Christopher Garten is dismissed, for failure to timely perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [e]); and it is further,
Ordered that the judgment is affirmed insofar as reviewed; and it is further,
Ordered that one bill of costs is awarded to the respondents.
In view of the appellant's failure to provide a reasonable excuse for the extensive delay in serving a bill of particulars, to comply with the court's conditional order of dismissal, and to submit an affidavit of merit from a physician, the court did not improvidently exercise its discretion in dismissing her complaint (see, Pantaliano v. Goodman, 214 A.D.2d 607; Murdock v. Center for Special Surgery, 199 A.D.2d 482; Barbera v. DeRostaing, 140 A.D.2d 660).
O'Brien, J. P., Thompson, Santucci and Joy, JJ., concur.