Goot v. Board of Education of Waterford Halfmoon High School

Appeal from that part of an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered October 2, 1980 in Saratoga County, which denied defendant’s motion to dismiss the action, pursuant to CPLR 3216, for want of prosecution. Raised for our consideration is the question of whether the provisions of the New York Soldiers’ and Sailors’ Civil Relief Act (Military Law, art 13) and this Department’s rule (22 NYCRR 861.16 [a]) requiring the transfer of a case to the Military Calendar when the Motion Justice is satisfied that a party or necessary witness is in military service, unavailable…