Majority
p. 1033Russell Gilbert, Appellant, v Shige Okawara, M.D., Ph.D., Respondent. [793 NYS2d 796]
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), dated January 22, 2004 in a medical malpractice action. The order granted defendant’s motion seeking summary judgment dismissing the complaint as time-barred.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.