Almonte v. Department of Correction

Appellate Division of the Supreme Court of New York

Almonte v. Department of Correction

269 A.D.2d 327, 703 N.Y.S.2d 721, 2000 N.Y. App. Div. LEXIS 2218

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 29, 2000

StatusPublished

This text of 269 A.D.2d 327 (Almonte v. Department of Correction) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Almonte v. Department of Correction, 269 A.D.2d 327, 703 N.Y.S.2d 721, 2000 N.Y. App. Div. LEXIS 2218 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 5, 1999, which denied plaintiffs motion for permission to file a late notice of claim, unanimously affirmed, without costs.

The motion court correctly determined that the relief ostensibly requested was unnecessary since plaintiff had, in fact, filed a timely notice of claim in this matter. What plaintiff, never having commenced his action within the statutorily prescribed period, evidently intended to request was permission to file a late summons and complaint. That relief, however, is barred by General Municipal Law § 50-i (1) (see, Matter of Meletiche v City of New York, 260 AD2d 385). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andidas, JJ.

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—Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 5, 1999, which denied plaintiffs motion for permission to file a late notice of claim, unanimously affirmed, without costs.

The motion court correctly determined that the relief ostensibly requested was unnecessary since plaintiff had, in fact, filed a timely notice of claim in this matter. What plaintiff, never having commenced his action within the statutorily prescribed period, evidently intended to request was permission to file a late summons and complaint. That relief, however, is barred by General Municipal Law § 50-i (1) (see, Matter of Meletiche v City of New York, 260 AD2d 385). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andidas, JJ.

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Bluebook (online)

269 A.D.2d 327, 703 N.Y.S.2d 721, 2000 N.Y. App. Div. LEXIS 2218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/almonte-v-department-of-correction-nyappdiv-2000.

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