Legal Opinion
Butler v. Board of Trustees New York City Fire Department Pension Fund
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2012PublishedCited by 2 opinions
1Opinion of the Court
*868It is undisputed that on July 29, 2009, this proceeding was “marked off’ the calendar after the petitioner failed to appear at the Supreme Court’s calendar call. Contrary to the respondents’ contention, CPLR 3404 does not apply to this pre-note of issue proceeding (see Varricchio v Sterling, 86 AD3d 535, 536 [2011]; Mitskevitch v City of New York, 78 AD3d 1137, 1138 [2010]; Lopez v Imperial Delivery Serv., 282 AD2d 190, 199 [2001]). Furthermore, there was neither a 90-day notice pursuant to CPLR 3216, nor an order dismissing the petition pursuant to 22 NYCRR 202.27 (see Varricchio v Sterling,…
2Cases cited5 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Mitskevitch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Burdick v. MarcusAppellate Division of the Supreme Court of the State of New York · 2005
- Varricchio v. SterlingAppellate Division of the Supreme Court of the State of New York · 2011
- Casavecchia v. MizrahiAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by2 opinions
- Countrywide Home Loans, Inc. v. GibsonAppellate Division of the Supreme Court of the State of New York · 2013
- Countrywide Home Loans, Inc. v. GibsonAppellate Division of the Supreme Court of the State of New York · 2013