BARTON v. COUNTY OF MONROE

Order unanimously reversed, without costs, motion granted, and action dismissed. Memorandum: Plaintiff has failed to show a meritorious cause of action and a justifiable excuse for the delay in serving his complaint; therefore, the action must be dismissed. The affidavit of plaintiff's attorney, who lacked personal knowledge of the facts, was insufficient to establish a meritorious cause of action ( Barasch v. Micucci, 49 N.Y.2d 594, 600).