Carpenter v. Browning-Ferris Industries, Inc.

OPINION OF THE COURT

John P. Lane, J.

This action, arising from an accident that occurred on *794September 6, 1990, was commenced in May 1993. From its inception, the case was assigned to Honorable Robert E. Whelan. As of January 1, 2002, when Justice Whelan was transferred to the expedited Matrimonial Part of this court for Erie County, the case was reassigned to me.

In late 2001, while the case was still on his IAS calendar, Justice Whelan heard defendants’ motion pursuant to CPLR 3126 seeking an order dismissing the complaint. His decision granting defendants’ motion was issued after the case had…