
    Central School District No. 1 of the Towns of Malone, Bangor, Burke, Constable, Bellmont, Westville, Brandon, Duane and Franklin, Appellant, v Perfetto and Whalen Construction Corp. et al., Defendants, and Quentin L. Reutershan et al., Respondents. (And Another Action.)
    Decided June 11, 1981
    
      APPEARANCES OF COUNSEL
    
      Michael J. Cunningham for appellant.
    
      Jeremiah M. Hayes for Quentin L. Reutershan, respondent in first action.
    
      George K. Myrus for Quentin L. Reutershan, respondent in second action.
    
      Charles M. Manheim for Max 0. Urbahn, respondent,
   OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting the motions to dismiss the action as against defendants Urbahn, Reutershan, Koppers Company, Inc., and Aetna Casualty and Surety Company pursuant to CPLR 3216 (Pennisi v City of New York, 53 NY2d 779).

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