Franjieh v. Gerardi

Appeal from an order of the Supreme Court (Connolly, J.), entered May 22, 2008 in Albany County, which, among other things, denied defendant’s motion to dismiss the complaint for failure to prosecute.

This medical malpractice action, which includes a claim on behalf of an infant, was commenced in 2000. On the day jury selection was to begin in 2005, plaintiffs’ attorneys submitted a motion to Supreme Court (Spargo, J.), seeking to be relieved as counsel. Supreme Court (Doyle, J.) granted that motion in December 2006 and provided plaintiffs with 60 days to obtain new counsel. No apparent effort…