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SCHARLACK v. RICHMOND MEM'L HOSP.

144 A.D.2d 354 (1988)

Jon E. Scharlack, by His Mother and Natural Guardian, Helen Scharlack, Appellant, v. Richmond Memorial Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1988

Ordered that the order is affirmed, with costs.

The Supreme Court, Richmond County, properly concluded that under the specific facts herein, the dismissal of the original timely action as against the defendant (see, Scharlack v Richmond Mem. Hosp., 127 A.D.2d 580) was inferentially for "neglect to prosecute" within the meaning of CPLR 205 (a) (Ivory v Ekstrom,

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