Borshoff v. Hayes

¶1Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Respondent concedes that there was not timely compliance with CPLR 3216 and that the action should be dismissed for failure to prosecute. (Appeal from Order of Supreme Court, Monroe County, Willis, J.—Dismiss Action.) Present—Callahan, A. P. J., Boomer, Green, Pine and Balio, JJ.