Opinion
2003-615 N C.
Decided February 25, 2004.
Appeal by plaintiff from an order of the Small Claims Part of the District Court, Nassau County (J. Asarch, J), dated February 3, 2003, which denied his motion for permission to file a late notice of claim and dismissed his action.
Order unanimously affirmed without costs.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
In this small claims action, after plaintiff commenced the instant action, he moved for leave to file a late notice of claim. Pursuant to General Municipal Law § 50-e (7), such a motion could only be made in the Supreme Court or the County Court ( see General Municipal Law § 50-e; see also Parastamatis v. New York City Tr. Auth., NYLJ, July 25, 2002 [App Term, 2d 11th Jud Dists]; Maiello v. City of New York, 113 Misc 2d 122). As a result, the court properly denied plaintiff's motion for leave to file a late notice of claim since it lacked authority to grant such relief.