Opinion
7526N Index 101552/16
10-30-2018
In re Harinder Jeet SINGH, Petitioner–Appellant, v. The CITY OF NEW YORK, et al., Respondents–Respondents.
Harinder Jeet Singh, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Harinder Jeet Singh, appellant pro se.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Acosta, P.J., Friedman, Kapnick, Webber, Moulton, JJ.
Order, Supreme Court, New York County (W. Franc Perry, J.), entered June 1, 2017, which denied petitioner's application for leave to file an untimely notice of claim against respondents, unanimously affirmed, without costs.
Supreme Court properly denied petitioner's application for leave to file a late notice of claim against respondents the City of New York and The Fire Department, City of New York (collectively the "City") pursuant to General Municipal Law § 50–e. While courts should not usually "delve into the merits of an action in determining an application to file a late notice," here, petitioner's common law fraud claim is patently meritless ( Weiss v. City of New York, 237 A.D.2d 212, 213, 655 N.Y.S.2d 34 [1st Dept. 1997] ).
Petitioner sets forth no facts at all alleging that a City employee, either during the November 21, 2015 exam or at any time before the filing of his leave application, told him something that was untrue and that he relied upon that statement to his detriment (see Vermeer Owners v. Guterman, 78 N.Y.2d 1114, 1116, 578 N.Y.S.2d 128, 585 N.E.2d 377 [1991] ).