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BURNS v. BELAFSKY

741 A.2d 649 (1999)

326 N.J. Super. 462

Denise L. BURNS and Matthew Burns, Plaintiffs-Appellants, v. Mark L. BELAFSKY, M.D., Robert B. Belafsky, M.D., Belafsky & Belafsky, M.D., P.A., Ira Stark, D.O., and South Jersey Imaging Center, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1999.

Attorney(s) appearing for the Case

John J. Del Casale, Philadelphia, PA, for plaintiffs-appellants (M. Mark Mendel, attorney; Mr. Del Casale, on the brief).

Mary Elizabeth Gazi, Cranford, for defendants-respondents Mark L. Belafsky, M.D., Robert Belafsky, M.D. and Belafsky & Belafsky, P.A. (Thomas B. Leyhane, attorney; Ms. Gazi, on the brief).

Steven M. Horn, Pleasantville, for defendant-respondent Ira Stark, D.O. (Paarz, Master, Koernig, Crammer, O'Brien, Bishop & Horn, attorneys; Mary Ann C. O'Brien, on the brief).

Before Judges HAVEY, RODRIGUEZ and LINTNER.

The opinion of the court was delivered by LINTNER, J.S.C. (temporarily assigned).

The central issue posed by this appeal is whether the Affidavit of Merit statute, N.J.S.A. 2A:53A-27, requires a party seeking an extension of time to file a motion during the initial sixty day period. We hold that there is no such limitation, and that a motion to extend may be made within 120 days.

In December 1995, plaintiff...

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