Appellate Division of the Supreme Court of New York, 1996

Polizzi v. City of New York

Polizzi v. City of New York
Appellate Division of the Supreme Court of New York · Decided May 13, 1996
227 A.D.2d 492; 643 N.Y.S.2d 357; 1996 N.Y. App. Div. LEXIS 5095
Polizzi v. City of New York

Opinion of the Court

In a proceeding *493pursuant 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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