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
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


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

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo, Dona B. 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 order of the Supreme Court, Kings County (Jackson, J.), dated February 15, 2006, which granted the plaintiff's motion pursuant to General Municipal Law § 50-e (5) to deem her notice of claim 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The order dated February 15, 2006 was superseded by a subsequent order of the same court dated April 25, 2007, made upon renewal (see Arias v New York City Health & Hosps.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.