Jones v. City of New York

Appellate Division of the Supreme Court of New York

Jones v. City of New York

30 A.D.2d 938, 293 N.Y.S.2d 807, 1968 N.Y. App. Div. LEXIS 3251

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

DecidedOctober 1, 1968

StatusPublished

This text of 30 A.D.2d 938 (Jones v. City of New York) 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

Jones v. City of New York, 30 A.D.2d 938, 293 N.Y.S.2d 807, 1968 N.Y. App. Div. LEXIS 3251 (N.Y. Ct. App. 1968).

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Opinion

Order entered August 10, 1967, herein appealed from, unanimously reversed on the law, the facts and in the exercise of discretion, and the application is denied, without costs to either party. Claimant has failed to establish any basis within the statutory provision (General Municipal Law § 50-e, subd. 5) which permits judicial intervention. Even if we assume a disability, which is not supported by the record, claimant has failed to show that he made application for the relief sought within a reasonable time after termination of the disability (Matter of Smith v. New York City Tr. Auth., 18 A D 2d 10; Matter of Brown v. New York City Housing Auth., 12 A D 2d 590). Concur — Botein, P. J., Stevens, Eager, Tilzer and Rabin, JJ.

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Order entered August 10, 1967, herein appealed from, unanimously reversed on the law, the facts and in the exercise of discretion, and the application is denied, without costs to either party. Claimant has failed to establish any basis within the statutory provision (General Municipal Law § 50-e, subd. 5) which permits judicial intervention. Even if we assume a disability, which is not supported by the record, claimant has failed to show that he made application for the relief sought within a reasonable time after termination of the disability (Matter of Smith v. New York City Tr. Auth., 18 A D 2d 10; Matter of Brown v. New York City Housing Auth., 12 A D 2d 590). Concur — Botein, P. J., Stevens, Eager, Tilzer and Rabin, JJ.

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Bluebook (online)

30 A.D.2d 938, 293 N.Y.S.2d 807, 1968 N.Y. App. Div. LEXIS 3251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-city-of-new-york-nyappdiv-1968.

Opinion

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