Pagano v Pasquale J. Malpeso, D.M.D.

Pagano v Pasquale J. Malpeso, D.M.D. 2012 NY Slip Op 04929 Decided on June 19, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 19, 2012
Mazzarelli, J.P., Saxe, DeGrasse, Richter, Abdus-Salaam, JJ.
108018/03 -2443

[*1]7962 & Carmine N. Pagano, Plaintiff-Appellant,

v

Pasquale J. Malpeso, D.M.D., et al., Defendants-Respondents.




Carmine N. Pagano, appellant pro se.
Murphy & Higgins, LLP, New Rochelle (Andrew M. Harrison
of counsel), for respondents.

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered May 19, 2011, dismissing the action pursuant to an order which, inter alia, granted defendants' motion to strike the complaint, unanimously affirmed, without costs.

The court did not abuse its discretion in dismissing the action based on pro se plaintiff's pattern of disobeying court orders and failing to provide discovery (see CPLR 3126[3]; Arts4All, Ltd. v Hancock, 54 AD3d 286, 287 [2008], affd 12 NY3d 846, [2009], cert denied __ US __, 130 S Ct 1301 [2010]).

We have considered plaintiff's remaining arguments and find them unavailing. In addition, defendants did not appeal from that portion of the court's prior order denying sanctions, and, in any event, sanctions are unwarranted.

M-2443 - Pagano v Malpeso, et al.,

Motion to compel production of deposition tapes denied.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 19, 2012

DEPUTY CLERK