Rocha-Silva v. St. John's Hospital

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered May 19, 2005, as denied his motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3216.

Ordered that the order is affirmed insofar as appealed from, with costs.

In a compliance conference order dated October 21, 1999, the Supreme Court directed the plaintiff to file a note of issue on or before April 21, 2000, and warned that the action would be dismissed if the plaintiff…