Wood v. Strong Memorial Hospital of the University of Rochester

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not abuse *1055its discretion in denying defendant’s motion to dismiss the complaint pursuant to CPLR 3216 for failure to file a note of issue timely. Plaintiff established that he has a “good and meritorious cause of action” (CPLR 3216 [e]), and, although plaintiffs excuse for the delay was not strong, we conclude that the court did not abuse its discretion in denying the motion and assessing $250 in costs for the motion against plaintiff (see, Baczkowski v…