Oyague v. Schwartz

Appeal from an order of the Supreme Court (LaBuda, J.), entered June 25, 2010 in Sullivan County, which, among other things, denied plaintiffs motion for a default judgment against defendant Steven O. Schwartz, M.D., EC.

Plaintiff, a prison inmate, brought a motion dated November 2, 2009, requesting that Supreme Court grant him permission to serve defendants by registered mail, return receipt requested, a summons and complaint sounding in medical malpractice. At the same time, plaintiff also served a copy of this motion, with the summons and complaint attached, on defendants by certified mail,…