As Nicole over at Sui Generis provided a good analysis of the New York Court of Appeals’ decision in Williams v.  Nassau County Med. Ctr., I won’t go through the details of the case (see Sui Generis post on Williams here).  The case concerns that part of General Municipal Law sec. 50-e that gives courts the discretion to accept a late filing of a notice of claim — i.e., 90 days beyond the claim arises.  The Court affirmed the Appellate Division’s reversal, as a matter of law and discretion, of the trial court’s determination granting leave to serve a late notice.

Beyond the important substantive aspects of the case, Williams provides a good example of the Appellate Division’s discretionary powers.  The Appellate Division is a branch of New York’s Supreme Court.  Thus, unlike the Court of Appeals, the Appellate Division has the power to review powers as a matter of discretion.  This review power, as in Williams, allows the Appellate Division to go beyond the typical review of a trial court’s provident use or abuse of discretion.  As in this case, the Appellate Division disagreed with the trial court’s decision as a matter of discretion and, thus, reversed the trial court’s determination.   The Appellate Division did not need to find an abuse of discretion to reverse the decision.

Thank you to Nicole for the keen issue spotting.