Opinion
2003-07024.
Decided May 10, 2004.
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated June 25, 2003, which denied her motion pursuant to General Municipal Law § 50-e(6) for leave to amend her notice of claim.
Martin Silver, P.C., Hauppauge, N.Y. (Richard E. Trachtenberg of counsel), for appellant.
Christine Malafi, County Attorney, Hauppauge, N.Y. (Christopher A. Jeffreys of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The new theories of recovery contained in the plaintiff's proposed amended notice of claim would have substantially altered the nature of her claims. Amendments of a substantive nature are not within the purview of General Municipal Law § 50-e(6) ( see Richard v. Town of Oyster Bay, 300 A.D.2d 561; White v. New York City Hous. Auth., 288 A.D.2d 150).
The plaintiff's remaining contention is unpreserved for appellate review.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.