Opinion
December 11, 1989
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner Morton Gruber, an Assistant Principal at the August Martin High School in Jamaica, New York, tripped and fell while walking up a staircase located within the school. The accident occurred on June 1, 1987; however, no application for leave to serve a late notice of claim was made until on or about May 9, 1988. Concluding that the petitioners, Morton Gruber and his wife, had failed to demonstrate any valid excuse for the delay, the Supreme Court denied the application. We affirm.
Whether to grant the relief requested by the petitioner is a question committed to the sound discretion of the court (see generally, Matter of Chmielewski v City of New York, 61 N.Y.2d 1010; cf., Zarrello v City of New York, 61 N.Y.2d 628). The Supreme Court did not exercise its discretion in an improvident manner when it denied the petitioners' application on the basis that no adequate excuse for the delay had been demonstrated (see generally, Matter of D'Andrea v City of Glen Cove Pub. Schools, 143 A.D.2d 747; see also, Matter of Cali [County of Suffolk], 132 A.D.2d 555; Matter of Perry v City of New York, 133 A.D.2d 692; Matter of Salo v Board of Educ., 117 A.D.2d 922; Matter of Morgan v City of Elmira, 115 A.D.2d 885). Thompson, J.P., Bracken, Rubin and Spatt, JJ., concur.