Matter of Stinson v Westchester Health Care Corp.
2008 NY Slip Op 09804 [57 AD3d 681]
December 9, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


mIn the Matter of Dexter Stinson, Appellant,
v
Westchester Health Care Corporation et al., Respondents.

—[*1] Trolman, Glaser & Lichtman, P.C., New York, N.Y. (Michael T. Altman of counsel), for appellant.

Kanterman, O'Leary & Soscia, LLP, White Plains, N.Y. (Carl A. Formicola of counsel), for 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.

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 [2006]). Spolzino, J.P., Santucci, Miller, Dickerson and Eng, JJ., concur.