
    Donita L. Keel, Formerly Known as Donita Lent, Appellant, v Parke, Davis & Company, Respondent.
    Argued April 21, 1980;
    decided May 29, 1980
    
      APPEARANCES OF COUNSEL
    
      Arthur N. Seiff and John J. Tullman for appellant.
    
      Joseph M. Costello and Michael Weinberger for respondent.
   OPINION OF THE COURT

Memorandum.

In affirming the order of the Appellate Division for the reasons stated in the memorandum at the Appellate Division, we note in particular its conclusion that, in essence, the dismissal of plaintiffs action following protracted and repeated delays was for neglect to prosecute (see Flans v Federal Ins. Co., 43 NY2d 881). Moreover, in contrast to Schuman v Hertz Corp. (17 NY2d 604), here the Justice presiding at Trial Term did not manifest an expectation that the suit would be able to be brought anew under CPLR 205 (subd [a]).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.  