Appellate Division of the Supreme Court of the State of New York June 25, 2009 (Franjieh v. Gerardi)

Lahtinen, J.

Appeal from an order of the Supreme Court (Connolly, J.), entered May 22, 2008 in Albany County, which, among other things, denied defendant’s motion to dismiss the complaint for failure to prosecute.

This medical malpractice action, which includes a claim on behalf of an infant, was commenced in 2000.