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POVENTUD v. NEW YORK CITY DEPT. OF EDUC.

401378/08, Motion Seq. No. 001.

2009 NY Slip Op 32881 (U)

MARITZA POVENTUD, individually, and as mother and natural guardian of ISMAEL DANIEL MONTANEZ, Plaintiff, v. NEW YORK CITY DEPARTMENT OF EDUCATION, DEVEREUX, DEVEREUX KANNER CENTER, DEVEREUX BENETO CENTER, DEVEREUX CARES, DEVEREUX CARES PTO, THE DEVEREUX CHILDREN'S BEHAVIORAL HEALTH CENTER, DEVEREUX COMMUNITY SERVICES, THE DEVEREUX FOUNDATION, DEVEREUX SCHOOLS, DEVEREUX SCHOOL, INC., DEVEREUX WHITLOCK CENTER, LEO KANNER LEARNING CENTER, BRIAN WASHINGTON and PATRICK EMERSON, Defendants.

Supreme Court, New York County.

Submission Date October 14, 2009.

Attorney(s) appearing for the Case

Mark A. Marino, Esq., The Law Offices of Regina L. Darby, New York, New York, For Plaintiff.

New York City Corporation Counsel, New York, New York, For Defendant the City of New York.

Syma S. Azam, Esq., Phelan, Phelan & Danek, LLP, Albany, New York, For Defendants Devereux.

DECISION AND ORDER

SALIANN SCARPULLA, Judge

Plaintiff Maritza Poventud ("Poventud") moves by order to show cause pursuant to CPLR 306(b) for an extension of the 120-day time period in which to serve a summons and complaint on all Devereux defendants, Leo Kanner Learning Center, Brian Washington and Patrick Emerson (collectively "Devereux"). Devereux opposes the motion on the ground that it is not in the interests of justice to allow service on Deveruex about...

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