Order affirmed, with $10 costs and disbursements.
Under CPLR 3216 as amended (L. 1967, ch. 770, eff. Sept. 1, 1967), appellant was obliged to give the 45-day notice required by the statute, as amended, as a condition precedent to the motion for dismissal. On the merits, there was no persuasive showing by appellant that the delay was excessive, that appellant did not himself contribute in some part to the delay, or that the delay was prejudicial to him. Moreover, since...
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