Middleton v. New York City Transit Authority

Full title: ISAAC MIDDLETON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Apr 20, 2006

28 A.D.3d 366 (N.Y. App. Div. 2006)

2006 N.Y. Slip Op. 3005

812 N.Y.S.2d 357

Opinion

8325N.

April 20, 2006.

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered November 29, 2004, which denied petitioner's application to serve a late notice of claim, unanimously affirmed, without costs.

Isaac Middleton, appellant pro se.

Wallace D. Gossett, Brooklyn (Lawrence A. Silver of counsel), for respondent.

Before: Saxe, J.P., Nardelli, Williams, Catterson and Malone, JJ.

Although apparently unknown to petitioner, a notice of claim was timely served by attorneys he had apparently discharged, rendering the instant application moot. We note that the application was filed after the statute of limitations had run, rendering it time-barred as well ( see Pierson v. City of New York, 56 NY2d 950).