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MATTER OF BALBUENAS v. NEW YORK CITY HEALTH & HOSPS. CORP.

2020-05260. Index No. 718447/19.

209 A.D.3d 642 (2022)

177 N.Y.S.3d 52

2022 NY Slip Op 05526

In the Matter of Micaela Balbuenas et al., Appellants, v. New York City Health and Hospitals Corporation et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 5, 2022.

Attorney(s) appearing for the Case

Silberstein Awad & Miklos, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Jillian Rosen], of counsel), for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Scott Shorr and Antonella Karlin of counsel), for respondents.

Iannacci, J.P., Rivera, Zayas and Dowling, JJ., concur.

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered March 3, 2020. The order denied the petition and dismissed the proceeding.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying that branch...

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