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SANTOS v. WESTCHESTER MED. CTR.

2022-05740 Index No. 54454/20.

216 A.D.3d 1121 (2023)

189 N.Y.S.3d 707

2023 NY Slip Op 02802

Melody Santos, Respondent, v. Westchester Medical Center, Appellant.

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

Decided May 24, 2023.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, Garden City, NY ( Daniel S. Ratner , Daniel Lei , and Alejandra R. Gil of counsel), for appellant.

The Fitzgerald Law Firm, P.C., Yonkers, NY ( John M. Daly and Mitchell L. Gittin of counsel), for respondent.

Dillon, J.P., Rivera, Maltese and Voutsinas, JJ., concur.

In a proceeding pursuant to General Municipal Law § 50-e(5), inter alia, to deem a late notice of claim timely served nunc pro tunc, Westchester Medical Center appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated July 12, 2022. The order granted that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc.

Ordered that the order is affirmed...

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