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BAPTISTE v. "JOHN DOE"

5890, 310317/09.

89 A.D.3d 436 (2011)

931 N.Y.S.2d 868

2011 NY Slip Op 7708

CLEOFOSTER BAPTISTE, Appellant, v. "JOHN DOE" et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 1, 2011.

Since plaintiff's filing of this action was untimely, it was a nullity, "and there was no service period to extend" (Gonzalez v New York City Health & Hosps. Corp., 29 A.D.3d 369, 370 [2006]; Croce v City of New York, 69 A.D.3d 488 [2010]). In the absence of an action pending against them, defendants' own tardiness in moving to "dismiss...

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