
    John A. Tonello, as Administrator of the Estate of Louise R. Tonello, Deceased, Appellant, v Carborundum Company, Respondent.
    Decided May 5, 1983
    
      APPEARANCES OF COUNSEL
    
      Frank P. Della Posta for appellant.
    
      Paul J. Suozzi for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. The Appellate Division correctly held that Special Term abused its discretion in denying defendant’s motion to dismiss pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 NY2d 594).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.  