Appellate Division of the Supreme Court of the State of New York December 23, 1996 (Rubin v. Baglio)

—In a negligence action to recover damages for personal injuries, etc., the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated April 22, 1996, as denied her motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.