Judgment unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this medical malpractice action alleging that defendants were negligent in failing to make a timely referral to an eye specialist so that plaintiff's eye condition could be diagnosed and treated. Prior to trial, defendant Health Care Plan, Inc. (Health Care Plan) moved for summary judgment pursuant to, inter alia, Public Health Law § 4410. Supreme Court reserved decision...
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