DeRosario v. New York City Health & Hospital Corp.

Judgment, Supreme Court, Bronx County (Douglas McKeon, J), entered April 14, 2004, dismissing the complaint in a medical malpractice action, and bringing up for review, inter alia, an order, same court and Justice, entered December 2, 2002, which denied plaintiff’s motion to restore the action to the trial calendar, and order, same court and Justice, entered May 23, 2003, which denied plaintiffs motion to renew the motion to restore, unanimously affirmed, without costs.

Plaintiffs argument that the action was marked off the trial calendar pursuant to CPLR 3404, and not dismissed for nonap*271pear…