ROSARIO v. JSMS (2008)

Appeal from order (Sharon A.M. Aarons, J.), entered December 14, 2006, deemed, pursuant to CPLR 5517(b), to be taken from the subsequent order, same court and Judge, entered on or about June 13, 2007, which granted defendant's motion for reargument and, upon reargument, adhered to its original determination, and, so considered, the order of June 13, 2007 is affirmed, with $10 costs, for the reasons stated by Sharon A.M. Aarons, J. at Civil Court.  (See 16 Misc.3d 739, 839 N.Y.S.2d 674 [2007].)

In affirming, we note our agreement that the case reverted to its pre-notice of trial status by dint of the parties' so-ordered stipulation striking the notice of trial to allow completion of discovery (see Gorski v. St. John's Episcopal Hosp., 36 A.D.3d 757, 830 N.Y.S.2d 196 [2007] ) and that, in consequence, neither Civil Court rule (22 NYCRR) § 208.14(c) nor CPLR 3404 can be invoked to authorize the dismissal of the action (see Johnson v. Minskoff & Sons, 287 A.D.2d 233, 735 N.Y.S.2d 503 [2001];  see also Kaufman v. Bauer, 36 A.D.3d 481, 482, 830 N.Y.S.2d 23 [2007] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

PER CURIAM.