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ANTHONY COUNTY v. CANNADY

17 Misc.3d 111 (2007)

848 N.Y.S.2d 809

ANTHONY COUNTY, Appellant, v. BEVERLY CANNADY, Respondent.

Supreme Court, Appellate Term, Second Department.

October 23, 2007.

Attorney(s) appearing for the Case

Barry Siskin, New York City (Matthew A. Kaufman of counsel), for appellant.

James G. Bilello & Associates, Westbury (Andrew Gentile of counsel), for respondent.

PESCE, P.J., RIOS and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

The court below providently exercised its discretion in dismissing the complaint for lack of prosecution upon defendant's motion pursuant to CPLR 3216.

Had plaintiff simply filed the notice of trial in a timely fashion in response to defendant's CPLR 3216 90-day written demand, his utter neglect of the matter over the preceding...

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