SMITH v. CITY OF NEW YORK

Ordered that the order is affirmed, with costs.

It is well settled that a motion to vacate the automatic dismissal of an action pursuant to CPLR 3404 and to restore the matter to the calendar is addressed to the sound discretion of the trial court (see, Hatcher v Cassanova, 180 A.D.2d 664). We discern no improvident exercise of discretion in this case. The plaintiff has failed to affirmatively demonstrate a meritorious cause of action against the defendant, a reasonable excuse for the delay, or a lack of prejudice to the defendant (see, Knight v City of New York, 193 A.D.2d 720; Hatcher v Cassanova, supra; Calderon v County of Westchester, 111 A.D.2d 208; Hargett v Health Hosps. Corp., 88 A.D.2d 633). Miller, J.P., Lawrence, Altman and Krausman, JJ., concur.