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In the Matter of Salvatore Polizzi, Appellant, v. City of New York et al., Respondents

New York Supreme Court, Appellate Division1996-05-13
227 A.D.2d 492643 N.Y.S.2d 357

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Opinion

majority opinion

In a proceeding 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.