Warren v Hyman

2005 NY Slip Op 05056

Decided on June 13, 2005

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 13, 2005
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
2004-07512






Chiera & Associates, Yonkers, N.Y. (Patricia A. Mooney of
counsel), for appellant.
Sedgwick, Detert, Moran & Arnold, LLP, New York, N.Y.
(Jason D. Turken and Howard R.
Cohen of counsel), for respondent.

In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated July 14, 2004, as denied her oral application pursuant to CPLR 306-b for an extension of time to serve the defendant with process.

ORDERED that the appeal is dismissed, with costs.

The portion of the order from which the plaintiff appeals did not determine a motion made on notice and, thus, is not appealable as of right (see CPLR 5701[a][2], [c]; Walsh v Town of Brookhaven, 7 AD3d 699). We decline to grant leave to appeal.
PRUDENTI, P.J., SCHMIDT, SANTUCCI, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court