Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the order dated June 28, 2001, is reinstated.
By order entered June 28, 2001, the Supreme Court, sua sponte, dismissed the action upon the plaintiff's failure to file a note of issue within 90 days, as directed in a prior certification order. The plaintiff was served in July 2001 with a copy of the order dismissing the action. Since the plaintiff did...
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