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FULTON v. MARATHON DENTAL SERVICES, P.C.

2011-07945, 2011-07961.

100 A.D.3d 959 (2012)

TIMOTHY L. FULTON, Appellant, v. MARATHON DENTAL SERVICES, P.C., et al., Defendants, and BILL B. AKPINAR, Respondent.

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

November 28, 2012.

Ordered that the orders are affirmed, with one bill of costs.

In this dental malpractice action, the plaintiff filed his note of issue and certificate of readiness in January 2005. On November 7, 2005, the action was stricken from the calendar, but the note of issue was not vacated. Although the plaintiff was granted an extension of time to restore the case to the calendar upon the resolution of an appeal from a prior order, and although that appeal was resolved in...

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