The Judicial Hearing Officer made a determination, as of September 11, 1996, that the defendants had not been properly served with process. Accordingly, the court was without jurisdiction to enter the order appealed from herein "clarifying" the previous order. While plaintiff commenced a new action on February 21, 1997, CPLR 306-b (b) provides that a new action must be commenced, and personal service effected, within 120 days of dismissal. The period from September 11, 1996...
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