Opinion
Submitted April 25, 2001.
May 14, 2001.
In a proceeding pursuant to General Municipal Law — 50-e(5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Westchester County (Barone, J.), entered June 28, 2000, which, inter alia, granted the petitioner's application.
Schiavetti, Corgan, Soscia, DiEdwards and Nicholson, LLP, White Plains, N.Y. (Dena Berke of counsel), for appellants.
Gair, Gair, Conason, Steigman Mackauf, New York, N Y (Herman Schmertz of counsel), for respondent.
Before: RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ.
ORDERED that the order is affirmed, with costs.
Under the facts and circumstances of this case, the Supreme Court providently exercised its discretion in granting the petitioner's application, inter alia, for leave to serve a late notice of claim pursuant to General Municipal Law — 50-e(5) (see, Zachman v. County of Suffolk, 275 A.D.2d 777; Owens v. New York City Health Houses Corp., 271 A.D.2d 514; Matter of Robinson v. Westchester County Med. Ctr., 270 A.D.2d 275).