DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
The Supreme Court erred in denying the plaintiff's motion to "restore" this action. The motion was made approximately four months after the action was marked off or deemed inactive due to the plaintiff's failure to appear at a duly-scheduled status conference. CPLR 3404 does not apply to this pre-note of issue action (see Lopez v. Imperial Delivery Serv., 282 A.D.2d 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. Accordingly, there was no basis to deny the plaintiff's motion (see Torres v. Nu-Way Machinery Corp. Co., 296 A.D.2d 545; Johnson v. Brooklyn Hosp. Ctr., 295 A.D.2d 567; Farley v. Danaher Corp., 295 A.D.2d 559).
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.