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AMATO v. COMMACK UNION FREE SCHOOL DISTRICT

32 A.D.3d 807 (2006)

821 N.Y.S.2d 230

KRISTINA AMATO et al., Respondents, v. COMMACK UNION FREE SCHOOL DISTRICT, Appellant, et al., Defendants.

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

September 12, 2006.

Ordered that the order is affirmed, with costs.

The appellant served the plaintiffs with a 90-day notice to resume prosecution of the action pursuant to CPLR 3216. Once the 90-day notice was received, the plaintiffs were required to file a note of issue in compliance with the notice or move, before the default date, either to vacate the notice or to extend the 90-day period (see Chaudhry v Ziomek, 21 A.D.3d 922, 924 [2005...

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