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JOSEPH CASAVECCHIA SR., Respondent, v. WILLIAM W. MIZRAHI et al., Appellants.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs motion to "restore" this action to the active calendar after it had been marked "disposed," given that CPLR 3404 does not apply to this pre-note of issue action ( see Lopez v Imperial Delivery Serv., 282 AD2d 190), there was no 90-day notice pursuant to CPLR 3216, and there was no order dismissing the complaint pursuant to 22 NYCRR 202.27 ( see Burdick v Marcus, 17 AD3d 388; 123X Corp. v McKenzie, 7 AD3d 769; Golan v Long Is. Jewish Med. Ctr., 7 AD3d 489, 490; Lucious v Rutland Nursing Home of Kingsbrook Jewish Med. Ctr., 2 AD3d 412).

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CASAVECCHIA v. MIZRAHI
(May 12, 2009)