Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered October 19, 2011. The order denied plaintiff's motion to restore the action to the trial calendar.

ORDERED that the order is affirmed, without costs.

In this action, which was marked off the trial calendar on November 30, 2004, plaintiff moved to restore it by notice of motion dated April 28, 2011, more than six years after the case had been marked off. Defendant opposed the motion. The Civil Court denied plaintiff's motion and plaintiff appeals.

An action that has been marked off the trial calendar, which is not restored to the calendar within one year, may be restored thereafter only if the plaintiff demonstrates, among other things, a meritorious cause of action and a reasonable excuse for the delay in moving to restore the case (see First Help Acupuncture, P.C. v General Assur. Co., 34 Misc 3d 144[A], 2012 NY Slip Op 50142[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Ferguson v Port Auth. of NY & N.J., 30 Misc 3d 131[A], 2011 NY Slip Op 50025[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; see generally Uniform Rules for NY City Civil Court [22 NYCRR] § 208.14 [c]). Here, plaintiff [*2]failed to provide an excuse for its six-year delay in moving to restore the case to the trial calendar. Indeed, in recounting the procedural history of the case, the most recent activity plaintiff recited was a 2009 motion to restore the case to the trial calendar, which was marked as withdrawn. Plaintiff provided no explanation for his further two-year delay in making the instant motion.

Accordingly, the order is affirmed.

Rios, J.P., Pesce and Solomon, JJ., concur.
Decision Date: December 03, 2013