Opinion
April 19, 2001.
Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered October 31, 2000, which, to the extent appealed from, denied defendant Dormitory Authority's motion to strike and granted plaintiff's cross motion to file a late notice of claim, unanimously affirmed, without costs.
Michael Villeck, for Plaintiff-Respondent.
Haydn J. Brill, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Saxe, Buckley, JJ.
Where, as here, the delay is relatively short, and the public entity opposing late notice makes no showing of resultant prejudice, the grant of leave to file a late notice of claim constitutes a proper exercise of discretion pursuant to General Municipal Law § 50-e (see,Matter of Thornhill v. New York City Hous. Auth., 232 A.D.2d 317; Matter of Rivas v. New York City Hous. Auth., 188 A.D.2d 390). Defendant-appellant's claim that the motion court was without jurisdiction to entertain plaintiff's cross motion is plainly without merit (see, General Municipal Law § 50-e).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.