Almonte v. Department of Correction

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

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.