Appeal from so much of an order of the Supreme Court at Special Term, entered July 21, 1970 in Albany County, as granted plaintiff leave of 20 days within which to serve a complaint and which provided, upon compliance, that plaintiff's default in timely serving his complaint be excused. A summons having been served without a complaint and more than 18 months having elapsed after appellant served a notice of appearance and written demand for a copy of said pleading, appellant moved for dismissal pursuant to CPLR 3012 (subd. [b]). Upon the motion's return, plaintiff neither appeared nor submitted a proposed complaint, an excuse for his default, or a showing of merit. Under the circumstances, the motion should have been granted unconditionally ( Wemple v. Cadoret, 29 A.D.2d 1033; Houle v. Wilde, 22 A.D.2d 727; cf. Lehigh Val. R.R. Co. v. North Amer. Van Lines, 25 A.D.2d 923). Order modified, on the law and the facts, by striking from the decretal paragraph so much thereof as granted a 20 day leave to plaintiff to serve a complaint and by directing that the action be dismissed as to appellant, and, as so modified, affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.