Espaillat v Erie County Med. Ctr. Corp.
2014 NY Slip Op 07854 [122 AD3d 1320]
November 14, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


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 Julio Espaillat, Respondent, v Erie County Medical Center Corporation, Appellant.

Ricotta & Visco, Buffalo (Frank C. Callocchia of counsel), for respondent-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for claimant-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered July 1, 2013. The order granted the application of claimant for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Sconiers, Whalen and DeJoseph, JJ.