Short v. Rapping

— In an action to recover damages for medical malpractice, the defendant Herbert Eisler appeals from an order of the Supreme Court, Westchester County (Buell, J.), entered September 12, 1986 which denied his motion to dismiss the complaint and granted the plaintiffs application for a stay pursuant to Military Law § 304.

Ordered that the order is affirmed, with costs.

The appellant’s motion to dismiss the plaintiffs action for want of prosecution was properly denied in view of his failure to comply with the statutory requirements. Moreover, to the extent that the appellant’s motion to dismiss…