Matter of Charles v County of Orange, N.Y. (2018 NY Slip Op 06009) Matter of Charles v County of Orange, N.Y. 2018 NY Slip Op 06009 Decided on September 12, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on September 12, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department ALAN D. SCHEINKMAN, P.J. MARK C. DILLON JEFFREY A. COHEN LINDA CHRISTOPHER, JJ. 2016-05964 (Index No. 246/16) [*1]In the Matter of Michelet Charles, appellant, vCounty of Orange, New York, respondent. New York Lawyers for the Public Interest, New York NY (Sarika Saxena, Reena Arora, Laura F. Redman, Katherine Rosenfeld, and Simpson Thacher & Bartlett LLP [Thomas C. Rice, Daniel J. Stujenske, Lauren E. Repole, and Esinam M. Agbemenu], of counsel), for appellant. Langdon C. Chapman, County Attorney, Goshen, NY (Carol C. Pierce of counsel), for respondent. DECISION & ORDER In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Orange County (Maria S. Vazquez-Doles, J.), dated April 20, 2016. The order denied the petition. ORDERED that the order is affirmed, with costs. From July 25, 2014, to July 22, 2015, the petitioner was housed at the Orange County Jail (hereinafter the jail) as a detainee of United States Immigration and Customs Enforcement (hereinafter ICE). During this time, he was provided with medical treatment for schizoaffective and bipolar disorders. On July 22, 2015, the petitioner appeared for an immigration hearing in New York City and was released from custody by the immigration judge. On August 4, 2015, the petitioner sought emergency care at Good Samaritan Hospital in West Islip. The next day he was transferred to another hospital and remained there as an inpatient in the psychiatric unit until he was discharged on October 9, 2015. On or about January 12, 2016, the petitioner commenced this proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim upon the County of Orange alleging, inter alia, that the County was negligent in failing to provide him with a discharge plan and medications to continue his treatment. The petitioner served the petition and the proposed notice of claim upon the County, and the County opposed the request for leave to serve a late notice of claim. The Supreme Court denied the petition. The petitioner appeals. "A party seeking to sue a public corporation must serve a notice of claim on the public corporation within 90 days after the claim arises" (Matter of Fethallah v New York City Police Dept., 150 AD3d 998, 999; see General Municipal Law § 50-e[1][a]). "General Municipal Law § 50-e(5) permits a court, in its discretion, to extend the time for a petitioner to serve a notice of claim" [*2](Matter of Newcomb v ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals