Opinion
October 7, 1996.
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated June 1, 1995, which denied his application.
Before: Miller, J. P., Ritter, Goldstein and Florio, JJ.
Ordered that the order is affirmed, with costs.
The petitioner alleges that on January 24, 1994, he was injured when he fell from a ladder while removing old wiring at Bellevue Hospital. However, he did not serve a notice of claim upon the respondents until November 1994, some ten months after the alleged accident and well beyond the 90-day time limit of General Municipal Law § 50-e. The petitioner thereupon commenced this proceeding for leave to serve a late notice of claim ( see, General Municipal Law § 50-e). Because the petitioner failed to proffer, inter alia, a reasonable excuse for his failure to serve a timely notice of claim or evidence that the respondents acquired actual knowledge of the facts constituting his claim within 90 days of when it arose or within a reasonable time thereafter, the Supreme Court did not improvidently exercise its discretion in denying the requested relief ( see, Matter of Sosa v City of New York, 206 AD2d 374, 375; Levette v Triborough Bridge Tunnel Auth., 207 AD2d 330; Matter of Strauss v New York City Tr. Auth., 195 AD2d 322; Carbone v Town of Brookhaven, 176 AD2d 778).