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IN THE MATTER OF MICHAEL O'SHEA, ET AL., RESPONDENTS, v. STATE OF NEW YORK, APPELLANT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Court of Claims providently exercised its discretion in granting the claimants leave to serve a late notice of claim (see, Court of Claims Act § 10; Matter of Beckford v. State of New York, 264 A.D.2d 841; Ledet v. State of New York, 207 A.D.2d 965). Contrary to the appellant's contention, the Court of Claims did not impermissibly cast itself in the role of a medical expert when it determined that the hospital records submitted by the claimants supported the assertion that the claimant Michael O'Shea was not treated for more than six hours after he entered the emergency room.

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MATTER OF O'SHEA v. STATE
(Dec 6, 2000)