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MATTER OF ALLEN

268 A.D.2d 520 (2000)

702 N.Y.S.2d 102

In the Matter of the Estate of GUICE N. ALLEN, Deceased. ELEANOR ALLEN, as Administrator of the Estate of GUICE N. ALLEN, Deceased, Appellant, COUNTY OF WESTCHESTER et al., Respondents, and WESTCHESTER COUNTY HEALTH CARE CORPORATION, Respondent.

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

Decided January 24, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

General Municipal Law § 50-e provides for the exercise of discretion in determining whether to permit the service of a late notice of claim (see, General Municipal Law § 50-e [5]; Matter of Harris v Dormitory Auth., 168 A.D.2d 560). In exercising its discretion, the court is to consider (1) whether the petitioner has a reasonable excuse...

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