Opinion
October 16, 1995
Appeal from the Supreme Court, Kings County (Spodek, J.).
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the plaintiff's application for leave to serve a late notice of claim nunc pro tunc upon the defendant New York City Health and Hospitals Corporation. Contrary to the plaintiff's contentions, his failure to serve a timely notice of claim was not due to any acts of the defendant New York City Health and Hospitals Corporation that were sufficient to allow the invocation of the doctrine of equitable estoppel (see, Hochberg v. City of New York, 99 A.D.2d 1028, 1029, affd 63 N.Y.2d 665; Matter of Hamptons Hosp. Med. Ctr. v Moore, 52 N.Y.2d 88, 93-94, n 1; Cabreaja v. New York City Health Hosps. Corp., 201 A.D.2d 319; Rodriguez v. City of New York, 169 A.D.2d 532, 533; see also, Rivera v. City of New York, 205 A.D.2d 744; Macias v. City of New York, 201 A.D.2d 541; Manning v New York City Health Hosps. Corp., 199 A.D.2d 478; Taverna v City of New York, 166 A.D.2d 314, 315; cf., Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492).
The plaintiff's remaining contentions are without merit. Thompson, J.P., Altman, Goldstein and Florio, JJ., concur.