MATTER OF CELESTE v. NASSAU HEALTH CARE CORP

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the petitioner's application pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim. The appellant possessed the petitioner's medical records at the time of the alleged malpractice and thus had actual notice of the essential facts underlying the claim. Moreover, the petitioner demonstrated the absence of substantial prejudice resulting from the delay ( see Rosas v. 397 Broadway Corp., 309 A.D.2d 913; Medley v. Cichon, 305 A.D.2d 643, 644; Matter of Staley v. Piper, 285 A.D.2d 601, 603; Matter of Kelly v. County of Westchester, 283 A.D.2d 497; Matter of Robinson v. Westchester County Med. Ctr., 270 A.D.2d 275; Matter of McMillian v. City of New York, 279 A.D.2d 280).

FLORIO, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.