Tierney v. OB-GYN Associates of Ithaca

— Appeal from an order of the Supreme Court (Monserrate, J.), entered March 18, 1991 *927in Tompkins County, which granted defendants’ motion to dismiss the complaint for failure to prosecute.

Once plaintiffs were served with the 90-day demand pursuant to CPLR 3216, they should have either complied with the notice by filing a note of issue or moved before the default date to extend the 90-day time period (see, Papadopoulas v R.B. Supply Corp., 152 AD2d 552, 553). Instead, just a few days prior to the expiration date, plaintiffs’ counsel sent a letter to defendants’ counsel indicating that a note…