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CLARK v. ROSWELL PARK CANCER INST. CORP.

CA 11-01729.

92 A.D.3d 1273 (2012)

938 N.Y.S.2d 483

2012 NY Slip Op 1294

TIMOTHY C. CLARK, Respondent, v. ROSWELL PARK CANCER INSTITUTE CORPORATION, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 17, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Contrary to defendant's contention, the Court of Claims did not abuse its discretion in granting claimant's application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). "The court is vested with broad discretion to grant or deny [such an] application" (Wetzel Servs. Corp. v Town of Amherst, 207...

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