Shannon v. Westchester County Health Care Corp.

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late of notice of claim and for leave to file a proposed summons and complaint, nunc pro tunc, the petitioner appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered June 19, 2009, which denied the petition.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the petition which was for leave to serve a late notice of claim; as so modified, the order is affirmed, with costs to the petitioner, and the matter is remit*681ted to the…