AMY v. BD. OF EDUC., CARMEL CENT. SCH. DIST

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Jeffrey Miller contends that the court erred in denying his motion pursuant to CPLR 3216 to dismiss the complaint insofar as it is asserted against him based on the plaintiff's failure to comply with two 90-day demands to file a note of of issue. We disagree. The plaintiffs persuasively claimed that law office failure was a reasonable excuse for their default and the record suggests that the plaintiffs' causes of action may have merit and that they did not intend to abandon the action (see, Lichter v State of New York, 198 A.D.2d 687; Pastore v Golub Corp., 184 A.D.2d 827). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.