Opinion
December 14, 1987
Appeal from the Supreme Court, Kings County (Spodek, J.).
Ordered that the judgment is affirmed, with costs.
The appellant William H. Mallory, a New York City police officer, was injured while on duty at a police station. He did not file a timely notice of claim on the city as required by General Municipal Law § 50-e. The denial of his application for leave to serve a late notice of claim was a proper exercise of discretion, since the city did not receive actual knowledge of the essential facts constituting his claim nor did he provide a valid excuse for his delay (see, General Municipal Law § 50-e; Fox v City of New York, 91 A.D.2d 624; Matter of Raczy v County of Westchester, 95 A.D.2d 859). The appellant William H. Mallory's line-of-duty accident report did not contain the essential facts of the accident as contemplated by statute and, thus, the city had no actual knowledge of the claim against it (see, Caselli v City of New York, 105 A.D.2d 251, 255). The excuses for the delay, that Mr. Mallory was unaware of the requirements of the statute and that he was disabled, are not valid since ignorance of the statute has been held not to constitute a valid excuse and his disability is undocumented (see, Figueroa v New York, 92 A.D.2d 908; Matter of Savelli v City of New York, 104 A.D.2d 943, 944). Mollen, P.J., Lawrence, Kunzeman and Harwood, JJ., concur.