Ordered that the appeal from the order dated July 24, 1995, is dismissed, as that order was superseded by the order dated December 12, 1995, made upon reargument; and it is further,
Ordered that the order dated December 12, 1995, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Supreme Court properly concluded that since the defendant URS Consultants, Inc. (hereinafter URS) appeared in this action during the 120-day period following its commencement, the action against URS should not have been dismissed for the plaintiff's failure to timely file proof of service ( see, CPLR 306-b [a]; Cerrito v. Galioto, 216 A.D.2d 265). Accordingly, the action as against URS was properly restored to the trial calendar. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.