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Harrell v. New York City Health & Hospitals Corp.

204 A.D.2d 546 Court N.Y. App. Div. Decision date 1994-05-16 English

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p. 546
In the Matter of Edriis Harrell, an Infant, by His Mother and Natural Guardian, Darie Franklin, et al., Respondents, v New York City Health and Hospitals Corporation et al., Appellants.
[614 NYS2d 196]

—In a proceeding pursuant to General Municipal Law § 50-e (5), the appeal is from an order of the Supreme Court, Kings County (Clemente, J.), dated March 19, 1992, which, upon reargument, granted the infant-petitioner’s motion for leave to serve a late notice of claim.

Ordered that the order is affirmed, without costs or disbursements.

We find that the Supreme Court properly granted the infant-petitioner leave to serve a late notice of claim. We note that the application of the copetitioner Darie Franklin for similar relief was previously withdrawn. Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

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