Re v. Ernst & Whinney

—In a derivative action pursuant to Partnership Law § 115-a, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Silver-man, J.), dated May 15, 1995, which denied their motion to extend their time to comply with a pretrial order for the completion of discovery, and granted the cross motion by the defendants William Weksel and Albert Bromberg, and the cross motion by the defendant Stewart Parness, to dismiss the complaint pursuant to CPLR 3126 due to the plaintiffs’ failure to comply with court-ordered discovery.

Ordered that the appeal by the…