Moogan v. New York State Department of Health

Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered December 4, 2002, which denied the petition as against respondent Fire Department and its Commissioner, and incorporated by reference an earlier dismissal of the proceeding as against respondent Department of Health and its Executive Deputy Commissioner, unanimously affirmed, without costs.

The earlier dismissal against the Department of Health was on the ground that petitioner had failed to include the legend “urgent legal mail” on the certified mail envelope sent to that *69Department, as required by CPLR 307 (2). The…