MATTER OF SHEFF v. COUNTY OF WESTCHESTER


279 A.D.2d 632 (2001)

719 N.Y.S.2d 696

In the Matter of SAMMIE SHEFF, Respondent, v. COUNTY OF WESTCHESTER, Appellant, et al., Defendant.

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

Decided January 29, 2001.


Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

On May 6, 1999, the respondent Sammie Sheff, an inmate at the Westchester County Jail, was burned with scalding water he was using to clean a floor. Over five months later, Sheff commenced this proceeding for leave to serve a late notice of claim on the appellant.

We agree with the appellant that the Supreme Court improvidently...

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