Opinion
February 17, 1998
Appeal from the Supreme Court, Orange County (Bellantoni, J.).
Ordered that the order is affirmed, with one bill of costs.
Partial summary judgment dismissing those claims which concerned treatment rendered beyond the two- and one-half-year period of limitations was properly granted to each of the defendants. The matter does not fall within the rule of the continuous treatment doctrine ( see, CPLR 214-a; see also, Nykorchuck v. Henriques, 78 N.Y.2d 255, 259). Further, contrary to the plaintiff's claim, no triable issue of fact was raised as to the potential applicability of the continuous treatment doctrine.
We note that this appeal was not rendered academic by a subsequent order of the Supreme Court, Orange County, dated July 2, 1997. That order, which dismissed the plaintiff's claims pursuant to CPLR 3216 for failure to prosecute, applied only to the defendant William Villano, and concerned claims which fall within the two and one half year limitations period. Moreover, that order is the subject of a pending appeal.
Miller, J.P., Sullivan, Pizzuto and Florio, JJ., concur.