Opinion
November 2, 1998
Appeal from the Supreme Court, Queens County (Schmidt, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the dismissal of the plaintiff's action for failure to timely file proof of service pursuant to CPLR former 306-b (a) was automatic and self-executing (see, Dolson v. DiPietro, 251 A.D.2d 535; Long v. Quinn, 234 A.D.2d 520; Brackett v. St. Mary's Hosp., 233 A.D.2d 357), and that nunc pro tunc relief was not available (see, Kelly v. Delaney, 248 A.D.2d 360; Long v. Quinn, supra, at 521-522). Contrary to the plaintiff's contention, there is no basis for retroactive application of the new CPLR 306-b (see, McKinney's Cons Laws of NY, Book 1, Statutes § 52; Floyd v. Salamon Bros., 249 A.D.2d 139).
Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.