Olejak v. Town of Schodack

Appeal from an order of the Supreme Court (Canfield, J.), entered August 27, 2001 in Rensselaer County, which granted defendants’ motion to dismiss the complaint for failure to prosecute.

Plaintiff commenced this action for damages arising out of his alleged unlawful arrest for the crime of improperly disposing of a uniform traffic ticket (see, Vehicle and Traffic Law § 207 [5]). Issue was joined in July 1999, a bill of particulars was served a month later and depositions were completed in October 1999. The record contains no evidence of any further activity until January 18, 2001, when…