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MATTER OF McKITHEN

221 A.D.2d 1019 (1995)

634 N.Y.S.2d 580

In the Matter of Veronica McKithen, on Behalf of Kwasi Solomon, an Infant, Appellant. Erie County Department of Social Services, Respondent

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

November 15, 1995

Order unanimously reversed on the law without costs and application granted.

Memorandum:

Supreme Court erred in denying the application of petitioner for leave to file a late notice of claim on behalf of her infant son against the County of Erie. The Erie County Department of Social Services had custody of the child at all relevant times herein and had placed him, along with his siblings, with foster parents. According to the proposed notice of claim, the...

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