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SIEGEL v. COMMACK SCHOOL DISTRICT

2013-00617.

107 A.D.3d 687 (2013)

966 N.Y.S.2d 215

2013 NY Slip Op 3983

KIMBERLY SIEGEL, Respondent, v. COMMACK SCHOOL DISTRICT, Appellant.

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

Decided June 5, 2013.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute is granted.

Having received a 90-day demand pursuant to CPLR 3216, the plaintiff was required to serve and file a note of issue in compliance with the demand or to move, before the default date, to vacate the demand or to extend the 90-day period pursuant to CPLR 2004 (see Cope v Barakaat,

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