| Irizarry v Motor Veh. Acc. Indem. Corp. |
| 2013 NY Slip Op 52235(U) [42 Misc 3d 132(A)] |
| Decided on December 30, 2013 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx
County (Ruben Franco, J.), entered June 28, 2013, which denied her motion to restore
the action to the trial calendar and for the appointment of a guardian ad litem.
Per Curiam.
Order (Ruben Franco, J.), entered June 28, 2013, affirmed, without costs.
Plaintiff's motion to restore the underlying 2003 action to the trial calendar was properly denied, where the trial unreadiness of plaintiff and her now former counsel resulted in the case being marked off the calendar at least twice and where plaintiff failed to make the requisite showing of "exceptional circumstances" to avoid the mandatory dismissal provisions of the governing court rule (see 22 NYCRR 208.14[d]; Centennial Restorations Co. v Wyatt, 248 AD2d 193, 195 [1998]). Nor was a competent showing made on this record that plaintiff is incapable of prosecuting her rights (see CPLR 1201) or that the belated appointment of a guardian ad litem would affect the outcome of plaintiff's restoral motion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 30, 2013