Ordered that the order is affirmed, with costs.
The plaintiff seeks to invalidate certain inter vivos transfers of real estate and stock made by his father, Franco Belli, on the grounds of undue influence by the plaintiff's brother, the defendant Paul A. Belli, and lack of capacity to make the transfers. The Supreme Court did not err in granting the defendants' motion pursuant to CPLR 3012(b) to dismiss this action for failure to timely serve a complaint.
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