8766. OSCAR TORRES, ETC., plfap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (LINCOLN HOSPITAL), def-res — Fitzgerald & Fitzgerald, P.C., Yonkers (John E. Fitzgerald of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered January 5, 2010, which denied plaintiff's motion to deem his previously served notice of claim timely, nunc pro tunc, and granted defendant's cross motion for dismissal of the complaint, unanimously affirmed, without costs.