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MATTER OF RIOS v. WESTCHESTER COUNTY HEALTHCARE CORP.

32 A.D.3d 540 (2006)

821 N.Y.S.2d 102

In the Matter of ELIJAH RIOS, Appellant, et al., Petitioner, v. WESTCHESTER COUNTY HEALTHCARE CORP., Respondent.

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

August 29, 2006.

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

The Supreme Court providently exercised its discretion in denying that branch of the petition which was for leave to serve a late notice of claim on behalf of Elijah Rios (hereinafter Rios).

While the 13-month delay in seeking leave to serve a late notice of claim on behalf of Rios was far shorter than the 10-year delay addressed in Williams v Nassau County Med. Ctr. (

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