Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff moved, inter alia, to restore this action to active status after the Supreme Court, sua sponte, dismissed it pursuant to CPLR 3216 for failure to timely file a note of issue pursuant to a so-ordered stipulation dated May 20, 2008.
"[W]hile the failure to comply with a court order directing the filing of a note of issue can, in the proper circumstances, provide the basis...
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