Motion granted and the decision and order of this court, both dated May 23, 1983, are recalled and vacated. Effective June 21, 1983, the CPLR was amended to permit a court, in its discretion, to excuse delay or default resulting from law office failure (see L 1983, ch 318).
Those amendments are "remedial in nature" and applicable to all proceedings which are "still * * * pending before a court; or [for which] the time for taking of an appeal from any order or judgment...
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