Order reversed, on the law, with costs, motion granted, cross motion denied, and complaint dismissed as against appellant.
Plaintiffs' failure to submit an affidavit of merit by a medical expert competent to attest to the meritorious nature of their claim requires unconditional dismissal of the complaint (see, Salch v. Paratore, 60 N.Y.2d 851; Canter v. Mulnick, 60 N.Y.2d 689; Stolowitz v. Mount Sinai Hosp., 60 N.Y.2d 685; Vernon v Nassau County Med. Center, 102 A.D.2d 852). The affidavit of plaintiff Claire Reed with the supporting exhibits is not sufficient to establish that the defendant doctor committed malpractice (see, Gilligan v. Miller, 99 A.D.2d 767). In any event, in this case, where the alleged malpractice occurred almost 11 years ago, the illness of plaintiffs' attorney, which was proffered as an excuse for plaintiffs' failure to comply with the 90-day notice served pursuant to CPLR 3216, is not sufficient because the delay in issue occurred after the period of recuperation from the illness suffered by plaintiffs' attorney (cf. Berman v. Brunswick Hosp. Center, 94 A.D.2d 736). Mollen, P.J., Gibbons, Thompson and Brown, JJ., concur.