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MICHAEL BAIONE, Appellant, v. ISIDORA ZAMBRANO et al., Defendants, DANIEL YEAGER, Respondent, and REHABILITATION MEDICINE ASSOCIATES, Appellant.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the facts of this case, the Supreme Court providently exercised its discretion in granting, in the interest of justice, the plaintiff a further extension of time pursuant to CPLR 306-b to serve the summons with notice upon the defendant Rehabilitation Medicine Associates ( see Leader v. Maroney, Ponzini Spencer, 97 NY2d 95; Simonovskaya v. Olivo, 304 AD2d 553, 554; Earle v. Valente, 302 AD2d 353, 354; Gurevitch v. Goodman, 269 AD2d 355, 356). Moreover, the Supreme Court properly granted that branch of the motion of the defendant Daniel Yeager which was to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction ( see Hafkin v. North Shore Univ. Hosp., 279 AD2d 86, affd 97 NY2d 95).

The plaintiff's remaining contentions are without merit.

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BAIONE v. ZAMBRANO
(Oct 24, 2005)