Mandia v. County of Westchester

Order, Supreme Court, Westchester County (Lucille Polk Buell, J.), entered on or about September 29, 1988, which denied petitioners’ application to file a late notice of claim, unanimously affirmed, without costs.

*218The IAS court properly exercised its discretion in denying petitioners’ application to file a late notice of claim on the grounds that respondent Westchester County Medical Center (the Hospital) would be prejudiced in its defense on the malpractice claim by petitioners’ eight-month delay in serving notice of the claim, (see, General Municipal Law § 50-e [1] [a].)

Petitioners failed to…