Ordered that the order is affirmed, with costs.
The record does not demonstrate whether the court dismissed this action on April 15, 2004, pursuant to 22 NYCRR 202.27 (b) based upon the plaintiff's counsel's failure to appear at a trial conference, or whether the court marked this action off the trial calendar on April 15, 2004, and it was later automatically dismissed pursuant to CPLR 3404. Regardless, the plaintiff
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