Opinion
15341N, 100518/14
06-04-2015
In re Maxine TODD, Petitioner–Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION OFFICE OF LEGAL AFFAIRS, CLAIMS DIVISION, Respondent–Respondent.
Maxine Todd, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondent.
Maxine Todd, appellant pro se.
Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondent.
GONZALEZ, P.J., MAZZARELLI, ACOSTA, CLARK, and KAPNICK, JJ.
Opinion
Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 20, 2014, which denied the petition for leave to file a late notice of claim, unanimously affirmed, without costs.
Supreme Court considered the relevant statutory factors and exercised its discretion in a provident manner in denying the petition (see generally Williams v. Nassau County Med. Ctr., 6 N.Y.3d 531, 535, 814 N.Y.S.2d 580, 847 N.E.2d 1154 [2006] ; General Municipal Law § 50–e[5] ). The record shows that petitioner failed to provide a reasonable excuse for her failure to file a timely notice of claim, as ignorance of the law is not a valid excuse (see Rodriguez v. New York City Health & Hosps. Corp. [Jacobi Med. Ctr.], 78 A.D.3d 538, 911 N.Y.S.2d 347 [1st Dept.2010], lv. denied 17 N.Y.3d 718, 2011 WL 5839654 [2011] ). Petitioner also failed to show that respondent acquired actual knowledge that a wrong was committed in that the hospital records do not on their face indicate that the hospital deviated from good and accepted medical practice (see Basualdo v. Guzman, 110 A.D.3d 610, 973 N.Y.S.2d 621 [1st Dept.2013] ). Furthermore, the court properly found that the delay between the events at issue and the filing of the petition were likely to have prejudiced respondent in its investigation (see Brown v. New York City Health & Hosps. Corp. [N. Cent. Bronx Hosp.], 116 A.D.3d 514, 984 N.Y.S.2d 30 [1st Dept.2014], lv. denied 24 N.Y.3d 908, 2014 WL 5437029 [2014] ).