Giambona v. Hines

In an action, inter alia, to recover damages for medical malpractice, etc., the defendant Nicolas Raio, appeals, as limited by *812his brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), entered September 21, 2011, as denied, as untimely, his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly declined to consider the merits of the appellant’s motion for summary judgment, which was made approximately IV2 years after the deadline set by…