Baranello v. Westchester Square Medical Center

—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about November 22, 1999, which, in an action for medical malpractice, granted defendant doctor’s motion to dismiss the action for failure to prosecute, and order, same court and Justice, entered on or about February 1, 2000, which denied defendant hospital’s motion to dismiss the action for failure to prosecute, unanimously affirmed, without costs.

Since the notice of entry of the November 22, 1999 order set forth an incorrect date of entry, its service was a nullity; accordingly, plaintiffs appeal was timely. The…