Polizzi v. City of New York

Appellate Division of the Supreme Court of New York

Polizzi v. City of New York

227 A.D.2d 492, 643 N.Y.S.2d 357, 1996 N.Y. App. Div. LEXIS 5095

Appellate Division of the Supreme Court of the State of New York·Decided May 13, 1996·Published·Cited by 1 cases

Opinion

In a proceeding [493] pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated December 12, 1994, which denied his application for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

The court did not act improvidently in denying the petitioner’s application for leave to serve a late notice of claim. The petitioner’s lengthy, largely unexplained delay, in commencing this proceeding for leave to serve a late notice of claim warrants denial of the application (see, Matter of Kyser v New York City Hous. Auth., 178 AD2d 601; Matter of Stenowich v Colonie Indus. Dev. Agency, 151 AD2d 894). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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In a proceeding [493] pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated December 12, 1994, which denied his application for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

The court did not act improvidently in denying the petitioner’s application for leave to serve a late notice of claim. The petitioner’s lengthy, largely unexplained delay, in commencing this proceeding for leave to serve a late notice of claim warrants denial of the application (see, Matter of Kyser v New York City Hous. Auth., 178 AD2d 601; Matter of Stenowich v Colonie Indus. Dev. Agency, 151 AD2d 894). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

Polizzi v. City of New York, 227 A.D.2d 492, 643 N.Y.S.2d 357, 1996 N.Y. App. Div. LEXIS 5095 (N.Y. Ct. App. 1996).

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Opinion

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