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IN THE MATTER OF N.M. v. WESTCHESTER COUNTY HEALTH CARE CORPORATION

10 A.D.3d 421 (2004)

781 N.Y.S.2d 370

In the Matter of N.M. and Another, Respondents, and CLAUDIA E.-Y., Respondent-Appellant, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, Appellant-Respondent.

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

Decided August 16, 2004.

Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof granting that branch of the petition which was for leave to serve a late notice of claim on behalf of the infant petitioners, N.M. and J.M., and substituting therefor a provision denying that branch of the petition; as so modified, the order is affirmed, with one bill of costs to the appellant-respondent Westchester County Health Care Corporation.

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