Opinion
May 4, 2000.
Order, Supreme Court, New York County (Richard Braun, J.), entered March 18, 1999, which, insofar as appealed from, denied petitioner's application to serve a late notice of claim for malicious prosecution, unanimously affirmed, without costs.
Gary Maitland, for Petitioner-Appellant.
George Gutwirth, for Respondent-Respondent.
RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
The proposed claim for malicious prosecution, which alleges that the underlying criminal prosecution against petitioner was dismissed pursuant to C.P.L. 30.30 Crim. Proc., is patently without merit (see,Witcher v. Children's Tel. Workshop, 187 A.D.2d 292; cf., Hankins v. Great Atl. Pac. Tea Co., 208 A.D.2d 111, 115-116). Thus, permission to serve the claim late was properly refused (see, Weiss v. City of New York, 237 A.D.2d 212, 213).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.