Dezio v. Saint Anthony Di Padova Benevolent Ass'n of South Side Jamaica, Inc.

Mario Pittoni, J,

The plaintiff moves for an order vacating her default and for leave to restore the above case to the calendar. However, the defendant properly points out that the *940matter cannot be restored to the Trial Calendar as it neVer was on the calendar. No note of issue has been filed. In short, the plaintiff is seeking to vacate the order of dismissal.

At the outset a chronological statement of events is helpful. On October 4,1957, issue was joined. On June 30, 1958, notices and cross notices for examinations before trial were issued. On December 9, 1958, a motion to dismiss was made.…