Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.
On May 6, 1999, the respondent Sammie Sheff, an inmate at the Westchester County Jail, was burned with scalding water he was using to clean a floor. Over five months later, Sheff commenced this proceeding for leave to serve a late notice of claim on the appellant.
We agree with the appellant that the Supreme Court improvidently...
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