Appellate Division of the Supreme Court of the State of New York April 13, 2010 (Polizzi v. Burke)

In an action to recover damages for podiatric malpractice and lack of informed consent, etc., the defendant appeals from an amended order of the Supreme Court, Nassau County (Brand*782veen, J.), dated June 3, 2009, which granted the plaintiffs’ motion to vacate the dismissal of the action pursuant to CPLR 3216 and to extend the time to file a note of issue.