
    In the Matter of Freddie Simmons, Petitioner, v Walter Kelly et al., Respondents.
   Motion to be relieved of abandonment and dismissal of transferred proceeding denied. Memorandum: On this motion pursuant to 22 NYCRR 1000.3 (b) (2) (i), petitioner has not provided a sufficient excuse for the inordinate delay of one year and eight months in submitting his brief (see, Matter of Johnson v Kelly, 147 AD2d 987). Moreover, the brief submitted with the motion indicates that the proceeding lacks merit. Present — Doerr, J. P., Boomer, Green, Lawton and Lowery, JJ.  