Pecoraro v. Board of Education of Van Corlaer Elementary School

Appeal from an order of the Supreme Court (Doran, J.), entered October 16, 1992 in Schenectady County, which granted defendant’s motion to dismiss the complaint.

*770When plaintiff failed to appear on October 6, 1992, the day set — some six months earlier — for the trial of this negligence action, defendant moved to dismiss the complaint on grounds of abandonment and failure to prosecute. The motion was granted in an order entered October 16, 1992 from which plaintiff appeals. On November 16, 1992, the same day he filed the notice of appeal from that order, plaintiff also moved to reargue the…