Appellate Division of the Supreme Court of the State of New York March 11, 2002 (Ludemann v. Maisel)

In an action to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Davis, J.), dated March 1, 2001, which granted the motion of the defendant James Maisel to dismiss the complaint insofar as asserted against him and denied their cross motion to extend their time to serve James Maisel pursuant to CPLR 306-b and to dismiss the statute