Kelly v. County of Westchester

Appellate Division of the Supreme Court of New York

Kelly v. County of Westchester

283 A.D.2d 497, 724 N.Y.S.2d 876, 2001 N.Y. App. Div. LEXIS 4987

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 497 (Kelly v. County of Westchester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelly v. County of Westchester, 283 A.D.2d 497, 724 N.Y.S.2d 876, 2001 N.Y. App. Div. LEXIS 4987 (N.Y. Ct. App. 2001).

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Opinion

—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.

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 AD2d 777; Owens v New York City Health & Hosps. Corp., 271 AD2d 514; Matter of Robinson v Westchester County Med. Ctr., 270 AD2d 275). Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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—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.

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 AD2d 777; Owens v New York City Health & Hosps. Corp., 271 AD2d 514; Matter of Robinson v Westchester County Med. Ctr., 270 AD2d 275). Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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Bluebook (online)

283 A.D.2d 497, 724 N.Y.S.2d 876, 2001 N.Y. App. Div. LEXIS 4987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-county-of-westchester-nyappdiv-2001.

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