Opinion
October 24, 1994
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in granting the infant petitioner's application. The application was made within the appropriate period of limitation, as tolled by the petitioner's infancy (see, Matter of Tomlinson v. New York City Health Hosps. Corp., 190 A.D.2d 806; Matter of Kurz v. New York City Health Hosps. Corp., 174 A.D.2d 671). Westchester County and Westchester County Medical Center (hereinafter WCMC) will not be unduly prejudiced by the delay. WCMC is in possession of the infant's medical records, and thus had actual notice of the claim and its underlying facts (see, Matter of Tomlinson v New York City Health Hosps. Corp., supra; Matter of Kurz v. New York City Health Hosps. Corp., supra). Bracken, J.P., Copertino, Joy and Altman, JJ., concur.