A: First, a motion is a formal written request to the court to do something. To take action.
Second, a request to file a late claim asks the court for permission so an injured victim who has not timely filed a claim can be allowed to file a claim. A claim, not a lawsuit. There is a big difference.
In municipal hospitals like Jacobi hospital, Queens General hospital, Kings County hospital, Bellevue hospital and others, in order to file a lawsuit against those hospitals, the law requires that you first file a claim. That claim must be properly delivered to the legal agency responsible for those municipal hospitals in New York. Currently, that legal entity is known as the New York City Health and Hospitals Corporation, or NYCHHC for short.
As of today, April 9, 2012, the time to file that claim against NYCHHC is only 90 days from the date of the wrongdoing. Bringing a timely claim against NYCHHC is only the first part of what you need to do. After you file a claim, you will be required to appear for a sworn hearing known in legal circles as a '50-H' hearing. Only after your hearing has been held are you permitted to file a lawsuit against NYCHHC.
Technically, you have only 1 year and 90 days from the date of the wrongdoing within which to file suit against NYCHHC. Remember, filing a lawsuit is totally different than filing a claim.
Ok- here's the answer to the question. If you do not file a timely claim within 90 days after the wrongdoing happened, then you can ask a court for special permission to file a late claim and treat it as if it was timely filed. There are many reasons why a court would permit you to file a late claim and just as many reasons to deny your request.
The ONLY way to know if your claim is timely and whether your possible lawsuit is timely is to pick up the phone and call an experienced medical malpractice lawyer. Do not rely on information you find on a website (including mine) or anyone else except an experienced medical malpractice trial attorney to tell you whether your matter is timely. Laws change and the only way to know for sure whether your matter is timely is to pick up the phone and call; 516-487-8207. I welcome your call.