Opinion
October 22, 1984
Appeal from the Supreme Court, Nassau County (Kelly, J.).
Order affirmed, with costs.
The severed action as against defendant Ethel English was dismissed pursuant to 22 NYCRR 785.2 (e) and (f) by order of the Supreme Court, Nassau County, on May 11, 1982. Generally, an action which has been dismissed may not be restored to the Trial Calendar until the dismissal of the action has been vacated (see Colombik v Heinrich, 11 A.D.2d 1026; Klein v Vernon. Lbr. Corp., 269 App. Div. 71; Niewiadowski v Kulp-Waco, 279 App. Div. 974). However, in the interest of expediency and to forestall further prolongation of the action, the motion to restore may be properly treated as complying with the technical requirements under the general prayer in the notice of motion for other and further relief (see Radar-Electronics v Oscar Leventhal, Inc., 8 A.D.2d 778; Levine v Levy, 29 A.D.2d 827). Under these circumstances, it was proper for Special Term to grant the motion to restore when it otherwise had been shown that it was proper to vacate the dismissal, that the action had merit, that delays were, to some extent, excusable, and that such delays had not, in any event, prejudiced appellant (see Zaldua v Metropolitan Suburban Bus Auth., 97 A.D.2d 842; Boyle v Krebs Schulz Motors, 18 A.D.2d 1010). Thompson, J.P., Weinstein, Rubin and Lawrence, JJ., concur.