DeSENA v. HIP HOSPITAL INC (1999)

In an action, inter alia, to recover damages for medical malpractice, the defendants HIP Hospital, Inc., La Guardia Hospital, Queens-Long Island Medical Group, P.C., La Guardia Medical Group, Dinesh Chandra Sinha, M.D., and Joseph Biase, M.D., appeal from an order of the Supreme Court, Queens County (LaTorella, J.), dated February 19, 1998, which denied the motion of the defendant Joseph Biase, M.D., to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211(a)(8) due to allegedly improper service of process and which granted the plaintiff's cross motion to compel him to comply with certain discovery demands.

 ORDERED that the appeal by the defendants HIP Hospital, Inc., La Guardia Hospital, Queens-Long Island Medical Group, P.C., La Guardia Medical Group, and Dinesh Chandra Sinha, M.D., is dismissed, without costs or disbursements, as these defendants are not aggrieved by the order appealed from (see, CPLR 5511;  Sidor v. Zuhoski, 257 A.D.2d 564, 683 N.Y.S.2d 590);  and it is further,

ORDERED that the order is affirmed insofar as appealed by the defendant Joseph Biase, M.D., without costs or disbursements.

 Contrary to the contentions of Dr. Joseph Biase, the Supreme Court correctly denied his motion to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211(a)(8) due to allegedly improper service of process.   Dr. Biase's failure to move for dismissal within the time parameters of CPLR 3211(e), as amended (L.1996, ch. 501), resulted in the waiver of his service objections (see, Wade v. Byung Yang Kim, 250 A.D.2d 323, 681 N.Y.S.2d 355;  LaSorsa v. Corrigan, 256 A.D.2d 313, 681 N.Y.S.2d 300;  Fleet Bank v. Riese, 247 A.D.2d 276, 668 N.Y.S.2d 611).

Dr. Biase's remaining contentions are without merit.

MEMORANDUM BY THE COURT.