Opinion
Submitted May 12, 1999
July 19, 1999
In an action, inter alia, to recover damages for assault and battery, the defendant Joseph DeLorenzo appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 28, 1998, which denied his motion to compel the defendant City of New York to pay legal fees and disbursements for his defense by independent counsel in this action.
Trager, Cronin Byczek, LLP, Lake Success, N.Y. (Raymond E. Kerno of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for municipal respondents.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellant failed to commence a timely proceeding pursuant to CPLR article 78 challenging the Corporation Counsel's determination dated January 30, 1996 ( see generally, Matter of Williams v. City of New York, 64 N.Y.2d 800; Matter of DeRespiris v. New York City Tr. Auth., 251 A.D.2d 503). Accordingly, the Supreme Court properly denied the appellants' motion to compel the City of New York to pay his legal fees pursuant to Public Offices law § 18(3).