Ordered that the order is affirmed insofar as appealed from, with costs.
While the appellant's motion, inter alia, pursuant to CPLR 3126 to preclude was pending, the defendant Jose E. Santana (hereinafter the respondent) complied with the disclosure order dated March 22, 2010. Accordingly, while we do not condone the respondent's delays in adhering to court-ordered discovery schedules (see Miceli v State Farm Mut. Auto. Ins. Co.,
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