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MATTER OF HOLLAND v. NEW YORK CITY HEALTH & HOSPS. CORP.

81 A.D.2d 638 (1981)

In the Matter of Geraldine Holland, Petitioner, and Robert Holland, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1981

Order affirmed insofar as appealed from, without costs or disbursements.

It was a proper exercise of discretion under the circumstances to grant leave to the injured petitioner to file a late notice of claim. The denial of leave to petitioner Robert Holland, whose claim was derivative in nature, cannot be said to have been an abuse of discretion (see Matter of Pizzano v Central School Dist. No. 1 of Town of Smithtown<...

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