In re the Arbitration between Giangualano & Birnbaum

Memorandum: In this proceeding to compel arbitration pursuant to CPLR article 75, respondents appeal from an order *1222that, inter alia, granted petitioners’ motion to restore the case to Supreme Court’s calendar. Respondents contend that the court erred in granting the motion because this proceeding, which was commenced in 1993, had been abandoned by petitioners pursuant to CPLR 3404. We reject that contention. CPLR 3404 provides that “[a] case in the supreme court . . . marked ‘off’ or struck from the calendar or unanswered on a clerk’s calendar call, and not restored within one year…