Madigan v. Crompton

In an action to enjoin the violation of certain provisions of a Village zoning ordinance, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Alpert, J), dated December 11, 2006, which denied their motion to vacate the dismissal of the action upon their failure to timely file a note of issue, and to extend their time to file the note of issue.

Ordered that the order is reversed, on the law, with costs, the plaintiffs’ motion is granted, the complaint is reinstated, and the plaintiffs’ note of issue is deemed filed.

An action that is in pre-note of issue status may be…