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If you filed your note of issue before the dismissal was entered, you need to file a motion to vacate the dismissal based on that filing. It may have been that in issuing the dismissal, the court did not see the note of issue being filed and that is why they dismissed. If the note of issue was filed, the court should not have dismissed and should vacate the dismissal and if they do not, then you must file a notice of appeal within 10 days and file your appeal to the appellate
division to vacate the dismissal as being improperly entered as courts favor trial on the merits.
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