Appellate Division of the Supreme Court of the State of New York October 22, 1987 (Gory v. County of Madison)

— Mikoll, J.

Appeal (1) from an order of the Supreme *952Court (Lee, Jr., J.), entered September 5, 1986 in Madison County, which denied plaintiffs motion to reinstate his note of issue and granted defendant’s cross motion to dismiss the action for failure to prosecute, and (2) from the judgment entered thereon.

Plaintiff was injured on October 2, 1983 at about 5:00 a.m.