Order reversed, with costs, and motion granted to the extent of removing the matter from the Military Suspense Calendar and restoring it to the Reserve Day Calendar of Trial Term, Part I, of the Supreme Court, Nassau County, to be deferred until either (1) defendant Perez serves upon the parties to this action and files with the clerk of Trial Term, Part I, copies of affidavits of both himself and his commanding officer, stating in detail the earliest possible date upon which...
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