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MATTER OF CALDOR, INC. v. TOWN OF RAMAPO

247 A.D.2d 537 (1998)

668 N.Y.S.2d 478

In the Matter of Caldor, Inc., No. 30, Respondent, v. Town of Ramapo et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 17, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the appellants were not entitled to dismissal of this proceeding for the failure of the petitioner to file a note of issue pursuant to CPLR 3216 (b) (see, Matter of Board of Mgrs. v Town of Ramapo, 247 A.D.2d 537 [decided...

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