*853OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed. The courts below found that the delays in question did not arise from the action or with the consent of the defendant or for the defendant’s convenience. (CPL 30.30 [4] [b].)

Concur: Chief Judge Wachtlek and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.