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BAIONE v. ZAMBRANO

22 A.D.3d 698 (2005)

802 N.Y.S.2d 383

MICHAEL BAIONE, Appellant, v. ISIDORA ZAMBRANO et al., Defendants, DANIEL YEAGER, Respondent, and REHABILITATION MEDICINE ASSOCIATES, Appellant.

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

October 24, 2005.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the facts of this case, the Supreme Court providently exercised its discretion in granting, in the interest of justice, the plaintiff a further extension of time pursuant to CPLR 306-b to serve the summons with notice upon the defendant Rehabilitation Medicine Associates (see Leader v. Maroney, Ponzini & Spencer, 97 N.Y.2d 95

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