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MATTER OF KATSHANA H. v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

9554N, 28916/17E.

173 A.D.3d 448 (2019)

100 N.Y.S.3d 266

2019 NY Slip Op 04473

In the Matter of Katshana H. et al., Respondents, v. New York City Health & Hospitals Corporation, Appellant.

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

Decided June 6, 2019.

The decision to grant petitioners leave to file a late notice of claim was a provident exercise of discretion (see generally Matter of Dubowy v City of New York, 305 A.D.2d 320, 321 [1st Dept 2003]). Petitioners' failure to set forth a reasonable excuse for not timely filing a notice of claim is not fatal to their leave application (see Velazquez v City of N.Y. Health & Hosps. Corp. [Jacobi Med. Ctr.],

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