Diaz-Mazariegos v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County (Judy Harris Kluger, J.), entered February 17, 2012, which denied plaintiffs’ motion to deem their notice of claim timely, nunc pro tunc, and granted defendants’ cross motion for dismissal of the complaint on the ground that plaintiffs failed to file a notice of claim within the statutory 90-day period, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 17, 2012, which denied plaintiffs’ motion for expedited discovery and a trial preference, unanimously dismissed, without costs, as moot.

*622Plaintiffs allege that…