Mederos v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County (George J. Silver, J.), entered January 18, 2017, which denied defendant’s motion to dismiss the action on the ground that plaintiff did not serve a timely notice of claim, unanimously affirmed, without costs. Supreme Court correctly found that the CPLR 208 toll did not terminate upon the appointment of the article 81 guardian (see Henry v City of New York, 94 NY2d 275 [1999]; Giannicos v Bellevue Hosp. Med. Ctr., 42 AD3d 379 [1st Dept 2007]; Costello v North Shore Univ. Hosp. Ctr. for Extended Care & Rehabilitation, 273 AD2d 190 [2d Dept 2000]). The 90-day period to serve the notice of claim was not extended by the CPLR 208 toll (see Yessenia D. v New York City Health & Hosps. Corp., 139 AD3d 454 [1st Dept 2016]). However the 90-day period was tolled in this case by the continuous treatment doctrine. Concur — Renwick, J.P., Mazzarelli, Oing and Singh, JJ.