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MATTER OF EADDY v. COUNTY OF NASSAU

282 A.D.2d 675 (2001)

723 N.Y.S.2d 408

In the Matter of SANDY EADDY, Appellant, v. COUNTY OF NASSAU, Respondent.

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

Decided April 23, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petitioner's application for leave to file a late notice of claim for the alleged medical malpractice. The petitioner failed to proffer any hospital records or other evidentiary proof sufficient to establish that the respondent acquired actual notice of the essential facts constituting the petitioner's claim within the prescribed 90-day period or a...

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