Desormeau v. Metropolitan Transit Long Island Bus

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Jonas, J.), dated August 16, 2006, which denied his motion to vacate the dismissal of the action based on his failure to timely file a note of issue, and to restore the action.

Ordered that the order is affirmed, with costs.

This action was dismissed upon the plaintiffs failure to comply with a certification order which constituted a valid 90-day notice pursuant to CPLR 3216 (see CPLR 3216; Berktas v McMillian, 40 AD3d 563 [2007]; Giannoccoli v One Cent. Park W.…