Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 19, 2013. The order denied plaintiffs' motion to restore the matter to the trial calendar.

ORDERED that the order is modified by providing that plaintiffs' motion to restore the matter to the trial calendar is denied as unnecessary; as so modified, the order is affirmed, without costs.

By order dated May 8, 2008, the Civil Court (Thomas D. Raffaele, J.) vacated a judgment entered against defendant after inquest, restored the matter to the calendar, and stated that, upon the filing of a new notice of trial, the clerk was directed to place the matter on the trial calendar. On April 18, 2012, plaintiffs sought to file a notice of trial, which was rejected by the clerk with an instruction to obtain an order to restore. Plaintiffs then moved to restore the action to the calendar. By order entered February 19, 2013, the Civil Court denied plaintiffs' motion on the ground that they did not assert a reasonable excuse for their delay and a meritorious defense. Plaintiffs appeal.

The May 8, 2008 order specifically restored the case to the "active calendar," and there is nothing in the record stating that it had been stricken from the calendar after that date. Thus, plaintiffs' motion to restore should have been denied as unnecessary.

We modify the order accordingly.

Aliotta, J.P., Solomon and Elliot, JJ., concur.