Appellate Division of the Supreme Court of the State of New York May 2, 2006 (Randolph v. Cornell)

In an action, inter alia, to recover damages for medical malpractice, the defendant Charles N. Cornell appeals from an or*558der of the Supreme Court, Queens County (Hart, J.), dated May 5, 2005, which denied his motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him for failure to prosecute.