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BEVELACQUA v. YONKERS GENERAL HOSPITAL

Appellate Division of the Supreme Court of New York, Second Department.
Dec 17, 2001
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ORDERED that the appeal from the order entered October 13, 2000, is dismissed, as that order was superseded by so much of the order entered January 2, 2001, as was made upon reargument; and it is further,

ORDERED that the appeal from the order entered March 14, 2001, is dismissed, as no appeal lies from an order denying reargument; and it is further

ORDERED that the order entered January 2, 2001, is affirmed insofar as appealed from; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's application for an extension of time pursuant to CPLR 306-b to serve the complaint on the appellants (see, Leader v. Maroney, Ponzini Spencer, N.Y.2d [Nov. 20, 2001]; see also, Cambell v. Starre Realty Co., 283 A.D.2d 161).

The appellants' remaining contentions are without merit.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and S. MILLER, JJ., concur.