Opinion
April 29, 1985
Appeal from the Supreme Court, Orange County (Colabella, J.).
Order affirmed, with costs.
Special Term properly denied leave to serve a late notice of claim. Plaintiffs had failed to make application for an extension of time to do so prior to the expiration of the Statute of Limitations period, thus depriving the court of power to authorize belated service ( see, Pierson v. City of New York, 56 N.Y.2d 950; Hochberg v. City of New York, 99 A.D.2d 1028, affd 63 N.Y.2d 665 for reasons stated in mem at App. Div.). Nor is there any basis for the application of an estoppel ( Public Improvements v. Board of Educ., 56 N.Y.2d 850; Thomas v. City of New York, 102 A.D.2d 867; Luka v. New York City Tr. Auth., 100 A.D.2d 323, affd 63 N.Y.2d 667 for the reasons stated in opn of Justice Bloom at App. Div.). Mollen, P.J., Titone, O'Connor and Rubin, JJ, concur.