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BOLARINWA v. ALBANY MED.

261 A.D.2d 21 (2000)

701 N.Y.S.2d 451

ISIAKA BOLARINWA, Individually and as Administrator of the Estate of REMILEKUN BOLARINWA, Deceased, Respondent, v. ALBANY MEDICAL CENTER HOSPITAL et al., Defendants, and RICHARD WEISS, Appellant.

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

January 6, 2000.

Attorney(s) appearing for the Case

O'Connor, O'Connor, Mayberger & First, P. C., Albany (Eugene N. Safoh of counsel), for appellant.

Edward Flink & Associates, Latham (Jennifer L. Dominelli of counsel), for respondent.

CARDONA, P. J., SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

Plaintiff commenced this action by filing a summons with notice in the Albany County Clerk's office on July 15, 1997. Just prior to the expiration of the 120-day period for filing of proof of service imposed by CPLR former 306-b (a), plaintiff made an ex parte application for a 120-day extension pursuant to CPLR 2004 and the rationale set forth in Norstar Bank v Wittbrodt (154 Misc.2d 260

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