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MATTER OF CARUSO v. COUNTY OF WESTCHESTER

220 A.D.2d 746 (1995)

633 N.Y.S.2d 75

In the Matter of John F. Caruso, Respondent, v. County of Westchester, Sued Herein as Westchester County Medical Center, Appellant

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

October 30, 1995

Ordered that the order is reversed, on the law, with costs, and the application for leave to file a late notice of claim is denied.

The Supreme Court improvidently exercised its discretion in granting the petitioner's application for leave to file a late notice of claim. While the petitioner's claim sounds in medical malpractice, and he asserts that his physical condition contributed to his delay in seeking leave to file a late notice, his application was supported...

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