Opinion
3723N.
Decided May 25, 2004.
Order, Supreme Court, New York County (Michael D. Stallman, J.), entered on or about October 17, 2002, which denied the petition and dismissed the proceeding for lack of jurisdiction, unanimously affirmed, without costs.
Henry Galloway, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Edward F.X. Hart of counsel), for respondent.
Before: Nardelli, J.P., Andrias, Ellerin, Friedman, JJ.
Even though a notice of claim was timely filed, no complaint was filed or served on the City in the year and 90 days following the alleged personal injury. This statute of limitations (General Municipal Law § 50-I) is strictly construed ( DeGradi v. Coney Is. Med. Group, 172 A.D.2d 582, lv denied 78 N.Y.2d 860; see also Pierson v. City of New York, 56 N.Y.2d 950). We have considered petitioner's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.