Appellate Division of the Supreme Court of New York, 1995

Craigie v. County of Westchester

Craigie v. County of Westchester
Appellate Division of the Supreme Court of New York · Decided November 13, 1995
221 A.D.2d 439; 634 N.Y.S.2d 381; 1995 N.Y. App. Div. LEXIS 11864
Craigie v. County of Westchester

Opinion of the Court

—In a proceeding pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim, the petitioner appeals from a judgment of *440the Supreme Court, Westchester County (Lefkowitz, J.), entered August 16, 1994, which denied the application.

Ordered that the order is affirmed, with costs.

Under the circumstances, including the absence of a reasonable excuse for the petitioner’s delay in filing a notice of claim and the resulting prejudice to the respondent, the Supreme Court did not improvidently exercise its discretion in denying the petitioner’s application (see, Matter of Buddenhagen v Town of Brookhaven, 212 AD2d 605; Matter of Sosa v City of New York, 206 AD2d 374; Bailey v City of New York, 159 AD2d 280). Balletta, J. P., Ritter, Copertino and Friedmann, JJ., concur.

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