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MATTER OF SMITH v. WESTCHESTER COUNTY HEALTH CARE CORPORATION

2017-08188. Index No. 50283/17.

165 A.D.3d 1150 (2018)

86 N.Y.S.3d 548

2018 NY Slip Op 07131

In the Matter of Leroy Smith, Appellant, v. Westchester County Health Care Corporation, Respondent.

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

Decided October 24, 2018.

Ordered that the order is affirmed, with costs.

The petitioner commenced this proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim alleging medical malpractice upon the respondent. The Supreme Court denied the petition and, in effect, dismissed the proceeding. The petitioner appeals.

In exercising discretion to grant leave to serve a late notice of claim, a court...

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