Order insofar as appealed from unanimously reversed on the law without costs and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum:
Special Term erred in sua sponte deeming plaintiff's 1985 action for divorce to be abandoned and dismissing the action in the absence of proof of service of a 90-day notice in conformity with the provisions of CPLR 3216 (b) (3) (see, Ciminelli Constr. Co...
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