Opinion
May 30, 2000.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 27, 1997, which, in this medical malpractice action, denied plaintiff's application to serve and file a late notice of claim, unanimously affirmed, without costs.
Leonard Buddington, Jr., for plaintiff-appellant.
George Gutwirth, for defendants-respondents.
Before: Wallach, J.P., Andrias, Saxe, Buckley, JJ.
The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiff's motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law § 50-e and 50-i; Pierson v. City of New York, 56 N.Y.2d 950; Abad v. New York City Health Hosp. Corp., 214 A.D.2d 342).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.