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NUNEZ v. COUNTY OF NASSAU

265 A.D.2d 312 (1999)

696 N.Y.S.2d 217

CEFERINA NUNEZ, Respondent, v. COUNTY OF NASSAU et al., Appellants.

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

Decided October 4, 1999.

Ordered that the order is reversed, with costs, the motion to dismiss is denied, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment dismissing the complaint pursuant to CPLR 3404.

The defendants' motion to dismiss the complaint was unnecessary since an action that is not restored within one year of the date it was marked off the calendar is automatically dismissed (see, Lee v Chion, 213 A.D.2d 602

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