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COLOMBO v. SCHWARTZ

15 A.D.3d 522 (2005)

789 N.Y.S.2d 744

ROSE COLOMBO, Appellant, v. MICHAEL SCHWARTZ et al., Respondents.

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

February 22, 2005.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the complaint insofar as asserted against the defendant University Hospital, SUNY at Stony Brook for lack of subject matter jurisdiction (see CPLR 3211 [a] [2]). The State of New York is the real party in interest in such litigation (see Education Law § 352; Graham v Stillman,

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