Practice point: The court may extend the time for doing any act, as fixed by statute, rule or order, pursuant to CPLR 2004.
Practitioners should note that a certification order which directs plaintiff to file a note of issue within 90 days has the same effect as a valid 90-day notice pursuant to CPLR 3216.
Case: Oliver v. Town of Hempstead, NY Slip Op 09631 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Employment Law.
