Mastandrea v. Pineiro

— In an action to recover damages for personal injuries, the plaintiff Catherine Mastandrea appeals from an order of the Supreme *842Court, Nassau County (Molloy, J.), dated October 2, 1990, which deemed a motion denominated as one to dismiss the complaint, to be a motion for leave to withdraw a notice of appearance and an answer served on behalf of the defendant Anthony Pineiro, and granted that relief.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in declaring the motion denominated as one to dismiss the complaint to be a motion for leave to withdraw the notice of…