Warren v. Hyman

Appellate Division of the Supreme Court of New York

Warren v. Hyman

19 A.D.3d 481, 796 N.Y.S.2d 240

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2005

StatusPublished

Cited by4 cases

This text of 19 A.D.3d 481 (Warren v. Hyman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warren v. Hyman, 19 A.D.3d 481, 796 N.Y.S.2d 240 (N.Y. Ct. App. 2005).

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Opinion

In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated July 14, 2004, as denied her oral application pursuant to CPLR 306-b for an extension of time to serve the defendant with process.

Ordered that the appeal is dismissed, with costs.

The portion of the order from which the plaintiff appeals did not determine a motion made on notice and, thus, is not appeal-[482]*482able as of right (see CPLR 5701 [a] [2]; [c]; Walsh v Town of Brookhaven, 7 AD3d 699 [2004]). We decline to grant leave to appeal. Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.

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In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated July 14, 2004, as denied her oral application pursuant to CPLR 306-b for an extension of time to serve the defendant with process.

Ordered that the appeal is dismissed, with costs.

The portion of the order from which the plaintiff appeals did not determine a motion made on notice and, thus, is not appeal-[482]*482able as of right (see CPLR 5701 [a] [2]; [c]; Walsh v Town of Brookhaven, 7 AD3d 699 [2004]). We decline to grant leave to appeal. Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.

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Bluebook (online)

19 A.D.3d 481, 796 N.Y.S.2d 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-hyman-nyappdiv-2005.

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