Opinion
2001-08368
Argued May 23, 2002.
June 25, 2002.
In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5), the County of Nassau, Nassau County Medical Center, and the Nassau County Department of Health appeal from an order of the Supreme Court, Nassau County (Cozzens, J.), entered August 27, 2001, which granted the application.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Maureen A. Gest of counsel), for appellants.
Pegalis Erickson, LLC, Lake Success, N.Y. (Rhonda L. Meyer and Gary M. Nielsen of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the petitioners leave to serve a late notice of claim upon the County of Nassau, Nassau County Medical Center, and the Nassau County Department of Health pursuant to General Municipal Law § 50-e(5) (see Zackman v. County of Suffolk, 275 A.D.2d 777; Owens v. New York City Health Hosps. Corp., 271 A.D.2d 514; D'Erasmo v. City of Yonkers, 271 A.D.2d 393, see generally Cohen v. Pearl Riv. Union Free School Dist., 51 N.Y.2d 256).
FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.