Opinion
Submitted October 4, 2000.
December 27, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated February 16, 2000, which denied his motion pursuant to CPLR 3211(a)(8) to dismiss the complaint for lack of personal jurisdiction based on improper service.
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto and Michael G. Levin of counsel), for appellant.
Feinstein Nisnewitz, P.C., Bayside, N.Y. (Sheldon Feinstein of counsel), for respondent.
Before: THOMAS R. SULLIVAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the plaintiff an extension of time to serve the summons and complaint upon the defendant (see, CPLR 306-b; Alberti v. Dunn Engineering Assocs., 267 A.D.2d 264).