Appellate Division of the Supreme Court of the State of New York December 29, 1995 (Rivera v. Westchester County Medical Center)

—In a proceeding to vacate a notice of claim as untimely, Westchester County Medical Center appeals from an order of the Supreme Court, Westchester County (Wood, J.), entered July 27, 1994, which denied its application to vacate the notice of claim and granted the respondent’s cross motion to, in effect, deem the late notice of claim to have been timely served and filed.