Opinion
2002-1575 N C.
Decided November 21, 2003.
Appeal by plaintiff from an order of the District Court, Nassau County (H. Miller, J.), entered September 16, 2002, which granted defendant's motion striking plaintiff's complaint, deemed an appeal from the judgment entered thereon on October 22, 2002 (see Neuman v. Otto, 114 AD2d 791).
Judgment unanimously affirmed without costs.
PRESENT: DOYLE, P.J., WINICK and LIFSON, JJ.
In our opinion, under, the circumstances herein, the dismissal of the pleading for failure to timely respond to the interrogatories within the time required by the June 27, 2002 order did not constitute an abuse of the court's discretion.