Opinion
Decided July 1, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Anita Florio, J.
Arnold E. DiJoseph III for appellant. Raymond T. Munsell for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, and certified question not answered as unnecessary. The Appellate Division did not abuse its discretion as a matter of law in denying petitioner leave to serve a late notice of claim (General Municipal Law § 50-e).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.