Opinion
2015-06-12
In the Matter of James R. DIEGELMAN and Andrea M. Diegelman, Claimants–Respondents, v. CITY OF BUFFALO and City of Buffalo Board of Education, Respondents–Appellants.
Timothy A. Ball, Corporation Counsel, Buffalo (David M. Lee of Counsel), for Respondents–Appellants. Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of Counsel), for Claimants–Respondents.
Timothy A. Ball, Corporation Counsel, Buffalo (David M. Lee of Counsel), for Respondents–Appellants. Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of Counsel), for Claimants–Respondents.
PRESENT: SCUDDER, P.J., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.
MEMORANDUM:
On appeal from an order granting claimants' application seeking leave to serve a late notice of claim pursuant to General Municipal Law § 50–e (5), respondents contend that Supreme Court abused its discretion in granting the application because the claim, which is premised upon an injury sustained during the employment of claimant James R. Diegelman as a police officer, is barred by General Municipal Law § 207–c and thus is patently without merit. We agree. Respondents are correct that the claim is barred by section 207–c ( see Damiani v. City of Buffalo, 198 A.D.2d 814, 814–815, 603 N.Y.S.2d 1006, lv. denied 83 N.Y.2d 757, 615 N.Y.S.2d 874, 639 N.E.2d 415; see also Dischiavi v. Calli, 111 A.D.3d 1258, 1262, 975 N.Y.S.2d 266), and leave to file a late notice of claim “is not appropriate for a patently meritless claim” ( Matter of Catherine G. v. County of Essex, 3 N.Y.3d 175, 179, 785 N.Y.S.2d 369, 818 N.E.2d 1110).
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the application is denied.