Cruz v. Westchester County Health Care Corp.

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 (Nastasi, J.), entered July 10, 2003, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme *461Court, Westchester County, for further proceedings in accordance herewith.

In determining whether to grant an application for leave to serve a late notice of claim, the Supreme Court should…