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MATTER OF GOLDSTEIN v. NIAGARA FALLS MEM'L MED. CTR.

143 A.D.2d 515 (1988)

In the Matter of Keith S. Goldstein, Appellant, v. Niagara Falls Memorial Medical Center et al., Respondents

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

September 27, 1988

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Petitioner conceded during oral argument that respondent Dyster was not served with the notice of petition and petition within the four-month Statute of Limitations (CPLR 217). Accordingly, we affirm that part of the order dismissing the petition against Dyster.

Special Term erred, however, by dismissing the petition against respondent Medical...

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