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Matter of Mitrione v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 317 (N.Y. App. Div. 2000)

Opinion

Argued September 12, 2000.

November 13, 2000.

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioner appeals, as limited by her brief and further limited by letter dated May 9, 2000, from so much of an order of the Supreme Court, Westchester County (Fredman, J.), dated September 28, 1999, as denied that branch of the petition which was for leave to serve a late notice of claim on the respondent Westchester County Medical Center.

Lewis, Kritzer Kramer, LLP, Garden City, N.Y. (George J. Lewis of counsel), for appellant.

Schiavetti, Corgan, Soscia, DiEdwards and Nicholson, LLP, White Plains, N.Y. (Michael N. Romano of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the petition insofar as it was for leave to serve a late notice of claim on the Westchester County Medical Center (see, General Municipal Law § 50-e; Matter of Ford v. County of Nassau, nbsp;A.D.2d [2d Dept., June 12, 2000, lv denied 95 N.Y.2d 763]; Moise v. County of Nassau, 234 A.D.2d 275; see generally, Matter of Bischert v. County of Westchester, 212 A.D.2d 529; Matter of Santana v. City of New York, 211 A.D.2d 636; cf., Matter of Leone v. County of Nassau, 225 A.D.2d 776).


Summaries of

Matter of Mitrione v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 317 (N.Y. App. Div. 2000)
Case details for

Matter of Mitrione v. County of Westchester

Case Details

Full title:IN THE MATTER OF SHARLENE MITRIONE, ETC., APPELLANT, v. COUNTY OF…

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 317 (N.Y. App. Div. 2000)
715 N.Y.S.2d 887