Arias v New York City Health & Hosps. Corp. (Kings County Hosp.Ctr.)

2008 NY Slip Op 03406 [50 AD3d 830]

April 15, 2008

Appellate Division, Second Department

As corrected through Wednesday, June 18, 2008

Lillian Arias, Respondent, v New York City Health andHospitals Corporation (Kings County Hospital Center), Appellant.

—[*1]Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo, DonaB. Morris, and David Bohrer of counsel), for appellant.

Fitzgerald & Fitzgerald, P.C., Yonkers, N.Y. (John E. Fitzgerald, John M. Daly, Mitchell L.Gittin, and Eugene S. R. Pagano of counsel), for respondent.

In an action to recover damages for medical malpractice, the defendant appeals from an orderof the Supreme Court, Kings County (Jackson, J.), dated February 15, 2006, which granted theplaintiff's motion pursuant to General Municipal Law § 50-e (5) to deem her notice ofclaim timely served nunc pro tunc.

Ordered that the appeal is dismissed, without costs or disbursements.

The order dated February 15, 2006 was superseded by a subsequent order of the same courtdated April 25, 2007, made upon renewal (see Arias v New York City Health & Hosps. Corp.[Kings County Hosp. Ctr.], 50 AD3d 830 [2008]). Skelos, J.P., Covello,Eng and Leventhal, JJ., concur.