Opinion
02-07-2017
In re Brenda NAZARIO, etc., Petitioner–Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent–Respondent.
Charnas Law Firm, P.C., New York (John V. Decolator of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent.
Charnas Law Firm, P.C., New York (John V. Decolator of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent.
TOM, J.P., RENWICK, SAXE, FEINMAN, GESMER, JJ.
Order and judgment (one paper), Supreme Court, New York County (George J. Silver, J.), entered on or about February 4, 2015, which denied the petition for leave to serve and file a late notice of claim, unanimously affirmed, without costs.The motion court providently exercised its discretion in denying the petition (see General Municipal Law § 50–e[5] ; Williams v. Nassau County Med. Ctr., 6 N.Y.3d 531, 535, 814 N.Y.S.2d 580, 847 N.E.2d 1154 [2006] ; Webb v. New York City Health & Hosps. Corp., 50 A.D.3d 265, 855 N.Y.S.2d 65 [1st Dept.2008] ). Bellevue Hospital's medical records show nothing that would alert respondent to a possible claim of malpractice (Williams, 6 N.Y.3d at 537, 814 N.Y.S.2d 580, 847 N.E.2d 1154 ; Webb, 50 A.D.3d at 265, 855 N.Y.S.2d 65 ). The records show that decedent was given a prophylactic course of antibiotics and told to return if he observed any signs of infection. "Under these circumstances[, respondent] could well have concluded that when [petitioner's father] left the hospital there was nothing wrong with him" (Williams, 6 N.Y.3d at 537, 814 N.Y.S.2d 580, 847 N.E.2d 1154 ). Petitioner fails to point to any specific act or omission in Bellevue's treatment of her father that could support a claim for malpractice (Webb, 50 A.D.3d at 265, 855 N.Y.S.2d 65 ). Petitioner also failed to make a showing of lack of substantial prejudice to respondent or demonstrate a reasonable excuse for the delay in serving a notice of claim (see General Municipal Law § 50–e[5] ; Webb, 50 A.D.3d at 265, 855 N.Y.S.2d 65 ).
We have considered petitioner's remaining contentions and find them unavailing.