Raised for our consideration is the question of whether the provisions of the New York Soldiers' and Sailors' Civil Relief Act (Military Law, art 13) and this Department's rule (22 NYCRR 861.16 [a]) requiring the transfer of a case to the Military Calendar when the Motion Justice is satisfied that a party or necessary witness is in military service, unavailable for trial, conflict with the provisions of CPLR 3216 in a manner that automatically denies the civilian defendant...
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