2001-07581 Argued March 18, 2002. September 10, 2002. In an action to recover damages for legal malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated July 5, 2001, as denied that branch of his motion which was to dismiss the complaint as time-barred pursuant to CPLR 3211(a)(5). L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N.Y. (Matthew K. Flanagan of counsel), for appellant. Jonathan B. Nelson, P.C.,