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SELMA ACHESON, ET AL., appellants, v. ROBERT E. SHEPARD, ET AL., respondents.

ORDERED that the order is reversed, on the law, with one bill of costs, the motion is granted, and the action is restored to the trial calendar.

The plaintiffs were entitled to the automatic restoration of the action to the trial calendar upon their timely initial request (see Basetti v. Nour, 287 A.D.2d 126; see also Polvino v. Island Group Admin., 289 A.D.2d 315; Anderson v. Maltz, 288 A.D.2d 334; Wasilewicz v. Village of Monroe Police Dept., 288 A.D.2d 377).

SANTUCCI, J.P., SMITH, KRAUSMAN, H. MILLER and ADAMS, JJ., concur.

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ACHESON v. SHEPARD
(Aug 5, 2002)