Matter of Gause v. Town of Babylon

Full title: In the MATTER OF ALTONIO GAUSE, Respondent v. TOWN OF BABYLON, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 7, 1998

256 A.D.2d 341 (N.Y. App. Div. 1998)

681 N.Y.S.2d 756

Opinion

December 7, 1998

Appeal from the Supreme Court, Suffolk County (Gowan, J.).

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner failed to demonstrate, inter alia, either a reasonable excuse for his delay or that the Town of Babylon received actual notice of his claim within the statutory time or within a reasonable time thereafter ( see, General Municipal Law § 50-e; Matter of Finneran v. City of New York, 228 A.D.2d 596). Accordingly, the Supreme Court improvidently exercised its discretion in granting the petition.

Bracken, J.P., Miller, Ritter and Thompson, JJ., concur.