Appellate Division of the Supreme Court of New York, 1975

Harvell v. New York City Transit Authority

Harvell v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided September 29, 1975
49 A.D.2d 765; 373 N.Y.S.2d 14; 1975 N.Y. App. Div. LEXIS 10755
Harvell v. New York City Transit Authority

Opinion of the Court

In a proceeding to validate a notice of claim served under subdivision 2 of section 1212 of the Public Authorities Law and subdivision 1 of section 50-e of the General Municipal Law, petitioners appeal from an order of the Supreme Court, Kings County, dated January 15, 1975, which denied the application and dismissed the proceeding. Order affirmed, with $20 costs and disbursements. The governing statute (General Municipal Law, § 50-e, subd 3) requires service by registered mail. Service by certified mail does not comply with this requirement (Montez v Metropolitan Transp. Auth., 43 AD2d 224). Rabin, Acting P. J., Latham, Cohalan, Margett and Christ, JJ., concur.

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