Opinion
No. 2006-02589.
April 15, 2008.
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated February 15, 2006, which granted the plaintiff's motion pursuant to General Municipal Law § 50-e (5) to deem her notice of claim timely served nunc pro tunc.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo, Dona B. Morris, and David Bohrer of counsel), for appellant.
Fitzgerald Fitzgerald, P.C., Yonkers, N.Y. (John E. Fitzgerald, John M. Daly, Mitchell L. Gittin, and Eugene S. R. Pagano of counsel), for respondent.
Before: Skelos, J.P., Covello, Eng and Leventhal, JJ.
Ordered that the appeal is dismissed, without costs or disbursements.
The order dated February 15, 2006 was superseded by a subsequent order of the same court dated April 25, 2007, made upon renewal ( see Arias v New York City Health Hosps. Corp. [Kings County Hosp. Ctr.], 50 AD3d 830 [decided herewith]).