Opinion
2003-01299.
Decided March 8, 2004.
In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e, the New York City Transit Authority appeals from an order of the Supreme Court, Richmond County (Mega, J.), dated December 17, 2002, which granted the application.
Wallace D. Gossett (Steve S. Efron, New York, N.Y. [Renee Cyr], of counsel), for appellant New York City Transit Authority.
Gardiner Nolan, Brooklyn, N.Y. (William Gardiner of counsel), for petitioners-respondents.
Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the petition for leave to serve a late notice of claim ( see General Municipal Law § 50-e(5); Matter of Dubowy v. City of New York, 305 A.D.2d 320; Matter of Affleck v. County of Nassau, 240 A.D.2d 569; Rosenblatt v. City of New York, 160 A.D.2d 927).
KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.