Opinion
08-24-2016
In the Matter of Lucille PAZIENZA, respondent, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY (Robert A. Spolzino and Micah I. Friedberg of counsel), for appellant. Annette G. Hasapidis, South Salem, NY, for respondent.
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY (Robert A. Spolzino and Micah I. Friedberg of counsel), for appellant.
Annette G. Hasapidis, South Salem, NY, for respondent.
Opinion In a proceeding pursuant to General Municipal Law § 50–e(5) for leave to serve a late notice of claim or to deem a late notice of claim timely served, Westchester County Health Care Corporation appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), dated July 1, 2014, which granted the petition and deemed the late notice of claim timely served.
ORDERED that the order is affirmed, with costs.
The petitioner commenced this proceeding pursuant to General Municipal Law § 50–e for leave to serve a late notice of claim upon the appellant or to deem a late notice of claim timely served.
The Supreme Court providently exercised its discretion in granting the petition and deeming the late notice of claim to be timely served (see General Municipal Law § 50–e[5] ). The petitioner demonstrated a reasonable excuse for her delay in serving a notice of claim, namely, her physical incapacity and her attorney's investigation into the claim (see Matter of Staley v. Piper, 285 A.D.2d 601, 602, 728 N.Y.S.2d 88 ; Morano v. County of Dutchess, 160 A.D.2d 690, 691–692, 553 N.Y.S.2d 779 ; Giretti v. Greenlawn Fire Dept., 80 A.D.2d 883, 883–884, 437 N.Y.S.2d 129 ). Furthermore, the petitioner adequately demonstrated that the appellant would not be substantially prejudiced by the delay (see Matter of Rojas v New York City Health & Hosps. Corp., 127 A.D.3d 870, 873, 6 N.Y.S.3d 294 ; Matter of Levin v. County of Westchester, 91 A.D.3d 646, 936 N.Y.S.2d 269 ).
CHAMBERS, J.P., DICKERSON, DUFFY and LaSALLE, JJ., concur.