Opinion
February 29, 2000
Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 5, 1999, which denied plaintiff's motion for permission to file a late notice of claim, unanimously affirmed, without costs.
Pro Se, for Plaintiff-Appellant.
Joseph I. Lauer, for Defendants-Respondents.
ROSENBERGER, J.P., MAZZARELLI, ELLERIN, RUBIN, ANDRIAS, JJ.
The motion court correctly determined that the relief ostensibly requested was unnecessary since plaintiff had, in fact, filed a timely notice of claim in this matter. What plaintiff, never having commenced his action within the statutorily prescribed period, evidently intended to request was permission to file a late summons and complaint. That relief, however, is barred byGeneral Municipal Law § 50-i(1) (see, Matter of Meletiche v. City of New York, 260 A.D.2d 385).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.