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Matter of Winston v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 404 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

Appeal from the Supreme Court, Queens County (Dye, J.).


Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court improvidently exercised its discretion in granting the infant petitioner's application for leave to file a late notice of claim ( see, General Municipal Law § 50-e). The petitioner failed to carry her burden of establishing a reasonable excuse for the delay, and similarly failed to show that there was any nexus between the delay and her infancy ( see, Matter of Turner v. New York Hous. Auth., 243 A.D.2d 636; Matter of Scala v. Westchester County Med. Ctr., 233 A.D.2d 514; Matarrese v. New York City Health Hosps. Corp., 215 A.D.2d 7). Further, ignorance of the statutory requirements for serving a timely notice of claim is not a valid excuse ( Alper v. City of New York, 228 A.D.2d 390; Matter of Ragin v. City of New York, 222 A.D.2d 678; Matter of Dancy v. Poughkeepsie Hous. Auth., 220 A.D.2d 413, 414). Lastly, the appellants would be prejudiced if leave to serve a late notice were granted now ( see, Matter of Turner v. New York Hous. Auth., supra; Matter of Djeddah v. County of Westchester, 239 A.D.2d 499; Pollicino v. New York Tr. Auth., 225 A.D.2d 750, 751; Brown v. New York City Tr. Auth., 172 A.D.2d 178, 180).

The petitioner's remaining contentions are without merit.

Miller, J.P., Thompson, Friedmann and McGinity, JJ., concur.


Summaries of

Matter of Winston v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 404 (N.Y. App. Div. 1998)
Case details for

Matter of Winston v. City of New York

Case Details

Full title:In the Matter of NATALIA WINSTON, Respondent, v. CITY OF NEW YORK et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 13, 1998

Citations

249 A.D.2d 404 (N.Y. App. Div. 1998)
670 N.Y.S.2d 363

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