Matter of Brigade v Olatoye, 2018 NY Slip Op 08437 [1st Dept., 2018]
The medical records submitted on the petition present an issue of fact as to whether petitioner possessed “an over-all ability to function” during the relevant period (see McCarthy v Volkswagen of Am. , 55 NY2d 543, 548 ). Thus, a hearing must be held to determine whether the statute of limitations on this untimely filed proceeding should be tolled for insanity (CPLR 208; see Santana v Union Hosp. of Bronx , 300 AD2d 56, 58 [1st Dept 2002]).