Duhart-Neal v. Monroe County

2024 NY Slip Op 04021
Appellate Division of the Supreme Court of the State of New York·Decided July 26, 2024·No. 523 CA 23-00714·Published

Opinion

Duhart-Neal v Monroe County (2024 NY Slip Op 04021)
Duhart-Neal v Monroe County
2024 NY Slip Op 04021
Decided on July 26, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on July 26, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CURRAN, BANNISTER, DELCONTE, AND HANNAH, JJ.

523 CA 23-00714

[*1]STEPHANIE DUHART-NEAL, AS ADMINISTRATOR OF THE ESTATE OF SAMUEL NEAL, JR., DECEASED, PLAINTIFF-APPELLANT,

v

MONROE COUNTY, MONROE COMMUNITY HOSPITAL AND JOHN/JANE DOES #1-5, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)


THE RUSSELL FRIEDMAN LAW GROUP, LLP, GARDEN CITY (NEIL FLYNN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (ALISSA M. BRENNAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Monroe County (Victoria M. Argento, J.), entered March 23, 2023. The order denied the motion of plaintiff for an order, inter alia, deeming service of the amended and supplemental notice of claim valid or for leave to serve the amended and supplemental notice of claim.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Duhart-Neal v Monroe County ([appeal No. 2] — AD3d — [July 26, 2024] [4th Dept 2024]).

Entered: July 26, 2024

Ann Dillon Flynn

Clerk of the Court



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Duhart-Neal v. Monroe County, 2024 NY Slip Op 04021 (N.Y. Ct. App. 2024).

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Related

§ 431
New York JUD § 431