Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), entered August 20, 2007. The order denied plaintiff's motion to restore the action to the inquest calendar.

Order affirmed without costs.

This personal injury action stemming from a motor vehicle accident was stricken from the inquest calendar on June 2, 2003, pursuant to Uniform Rules for the New York City Civil Court (22 NYCRR) § 208.14 (b), after plaintiff failed to appear to testify on several occasions, resulting in his attorney's failure to proceed with the inquest. This appeal was taken from the lower court's denial of plaintiff's motion to restore the matter to the inquest calendar.

The court below properly found that plaintiff established neither a reasonable excuse for his delay nor the merits of his claim for damages (see LoFredo v CMC Occupational Health Servs., 189 Misc 2d 781 [App Term, 2d & 11th Jud Dists 2001]). Consequently, the court did not improvidently exercise its discretion in denying plaintiff's motion to restore the matter to the calendar. Accordingly, the order is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: July 10, 2008