Polizzi v. Burke

In an action to recover damages for podiatric malpractice and lack of informed consent, etc., the defendant appeals from an amended order of the Supreme Court, Nassau County (Brand*782veen, J.), dated June 3, 2009, which granted the plaintiffs’ motion to vacate the dismissal of the action pursuant to CPLR 3216 and to extend the time to file a note of issue.

Ordered that the amended order is reversed, on the law, with costs, and the plaintiffs motion to vacate the dismissal of the action pursuant to CPLR 3216 and to extend the time to file a note of issue is denied.

The certification order dated…