Opinion
February 16, 1999
Appeal from the Supreme Court, Queens County (LaTorella, J.).
Ordered that the appeal by the defendants HIP Hospital, Inc., La Guardia Hospital, Queens-Long Island Medical Group, P. C., La Guardia Medical Group, and Dinesh Chandra Sinha, M.D., is dismissed, without costs or disbursements, as these defendants are not aggrieved by the order appealed from (see, CPLR 5511; Sidor v. Zuhoski, 257 A.D.2d 564); and it is further,
Ordered that the order is affirmed insofar as appealed by the defendant Joseph Biase, M.D., without costs or disbursements.
Contrary to the contentions of Dr. Joseph Biase, the Supreme Court correctly denied his motion to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211 N.Y.C.P.L.R. (a) (8) due to allegedly improper service of process. Dr. Biase's failure to move for dismissal within the time parameters of CPLR 3211 (e), as amended (L 1996, ch 501), resulted in the waiver of his service objections (see, Wade v. Byung Yang Kim, 250 A.D.2d 323; LaSorsa v. Corrigan, 256 A.D.2d 313; Fleet Bank v. Riese, 247 A.D.2d 276).
Dr. Biase's remaining contentions are without merit.
Miller, J. P., Florio, McGinity and Luciano, JJ., concur.