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MATTER OF FLORES v. COUNTY OF NASSAU

8 A.D.3d 377 (2004)

777 N.Y.S.2d 739

In the Matter of MARIA FLORES et al., Respondents, v. COUNTY OF NASSAU et al., Appellants.

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

June 7, 2004.

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

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim more than nine years after the alleged malpractice which resulted in the infant's injuries. In determining whether to grant leave to serve a late notice of claim, General Municipal Law § 50-e...

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