ORDERED that the order is affirmed, with costs. Since there is no evidence that a note of issue placing the action on the court's trial calendar was filed (see, CPLR 3402), the court properly denied the appellant's motion to dismiss the action pursuant to CPLR 3404 (see, Lopez v. Imperial Delivery Serv., A.D.2d [2d Dept., May 14, 2001]; P. Cubed Enters. v. Roach, 265 A.D.2d 537, 538; Davila v. Galarza, 221 A.D.2d 308). SANTUCCI, J.P., ALTMAN, LUCIANO and H. MILLER, JJ., concur.