Opinion
Submitted June 15, 2000
September 25, 2000.
In an action to recover damages for medical malpractice, the defendants County of Suffolk, Jordan Sklar, Robert Seinfeld, Nancy Blasi Miller, Erol Caypinar, and Hirmani Pardanani appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), entered September 15, 1999, as granted the plaintiff's motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5).
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N.Y. (John M. Denby of counsel), for appellants.
Andrew Rosner, Carle Place, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the facts and circumstances of this case, the Supreme Court providently exercised its discretion in granting the plaintiff leave to serve a late notice of claim upon the County of Suffolk pursuant to General Municipal § 50-e(5) (see, Owens v. New York City Health Hosps. Corp., 271 A.D.2d 514; Matter of Makris v. Westchester County, 208 A.D.2d 843; Matter of Holmes v. New York City Hous. Auth., 201 A.D.2d 650; Matter of West v. New York City Health Hosps. Corp., 195 A.D.2d 517; cf., Moise v. County of Nassau, 234 A.D.2d 275).
In light of this conclusion, we need not reach the appellants' remaining contention (see, GML 50-d; Schiaronne v. Nassau County, 51 A.D.2d 980).