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Stinson v. Westchester Health Care Corp.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 9, 2008

IN THE MATTER OF DEXTER STINSON, APPELLANT,
v.
WESTCHESTER HEALTH CARE CORPORATION, ET AL., RESPONDENTS.

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered January 9, 2008, which denied the petition and dismissed the proceeding.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, HOWARD MILLER, THOMAS A. DICKERSON and RANDALL T. ENG, JJ.

(Index No. 20987/07)

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the petition and dismissing the proceeding (see Williams v Nassau County Med. Ctr., 6 NY3d 531, 538).

SPOLZINO, J.P., SANTUCCI, MILLER, DICKERSON and ENG, JJ., concur.

20081209

© 1992-2008 VersusLaw Inc.



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