Ferran v. Board of Education

Appeal from an order of the Supreme Court (Keegan, J.), entered March 14, 1994 in Albany County, which granted defendant’s motion to dismiss the complaint.

Though directed by Supreme Court to do so, and having had some four months to accomplish it, plaintiff failed to secure substitute counsel so that this personal injury action could be restored to the trial calendar. This directive was prompted by the fact that, in April 1993, plaintiff’s then-counsel had withdrawn from the case on the eve of trial. In these circumstances, the court cannot be faulted for having granted defendant’s motion to…