MATTER OF FROHLINGER v. DEBUONO


278 A.D.2d 323 (2000)

718 N.Y.S.2d 208

In the Matter of OLGA FROHLINGER, Appellant, v. BARBARA A. DEBUONO et al., respondents.

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

Decided December 11, 2000.


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Although the petitioner did not commence this proceeding against the respondent Commissioner of the Department of Health of the State of New York within the applicable four-month Statute of Limitations (see, CPLR 217 [1]), the proceeding is nonetheless timely since the "relation back doctrine" of CPLR 203 applies...

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