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MATTER OF ESO v. COUNTY OF WESTCHESTER

141 A.D.2d 542 (1988)

In the Matter of Carmine Eso, as Administrator of The Estate of Toni A. Eso, Deceased, Respondent, v. County of Westchester et al., Appellants

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

June 6, 1988

Ordered that the order is reversed, on the law, with costs, and the respondent's motion is denied.

As no action by the respondent was pending against the County of Westchester or the Westchester County Police, his application for leave to serve a late notice of claim was improperly brought as a motion (see, Matter of Lannon v Town of Henrietta, 87 A.D.2d 980, affd on remand...

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