Appellate Division of the Supreme Court of the State of New York November 7, 2002 (Soto v. Clerk of Supreme Court)

Appeal from order, Supreme Court, New York County (Robert Lippmann, J.), entered May 23, 2001, which, in a CPLR article 78 proceeding to compel respondent Clerk of the Supreme Court to file petitioner’s summons and complaint in an underlying medical malpractice action nunc pro tunc as of the day that petitioner’s attempt to file such summons and complaint was rejected by the Clerk, granted