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BAIONE v. CENTRAL SUFFOLK HOSPITAL

14 A.D.3d 635 (2005)

789 N.Y.S.2d 315

MICHAEL BAIONE, Respondent, v. CENTRAL SUFFOLK HOSPITAL et al., Defendants, and STUART FOURMAN et al., Appellants.

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

January 31, 2005.

Ordered that the appeal by the defendant Jen Franz from so much of the order as granted that branch of plaintiff's motion which was for an extension of time to effect service of process upon her pursuant to CPLR 306-b is dismissed, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

Ordered that the order is reversed insofar as appealed from by the defendants Stuart Fourman, Stephen Kottmeier,...

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