Claim of Core v. New York City Transit Authority

26 A.D.2d 781, 273 N.Y.S.2d 1012, 1966 N.Y. App. Div. LEXIS 3449

Opinion

Order, entered February 28, 1966, granting claimant’s motion for leave to file a late notice of claim, unanimously reversed on the law and on the facts, with $30 costs and disbursements to appellant and motion denied. Under the circumstances of this case the court was without power to extend the period for service of a notice of claim. The excuse offered does not come within any of the exceptions of the statute. (General Municipal Law, § 50-e, subd. 1; § 50-e, subd. 5; see Matter of Bloom v. New York, City Tr. Auth., 19 A D 2d 521, revg. 31 Misc 2d 805; Matter of White v. City of New York, 285 App. Div. 69.) Concur — Botein, P. J., Breitel, McNally, Steuer and Capozzoli, JJ.