Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
We agree with the Supreme Court that the action should not have been dismissed pursuant to CPLR 3404, which, inter alia, directs the clerk to automatically dismiss a case which has been stricken from the trial calendar and not restored thereto within a year of the dismissal (see, 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3404.01; Balducci v Jason,
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