Opinion
March 22, 1999
Appeal from the Supreme Court, Nassau County (Phelan, J.).
Ordered that the judgment is affirmed, with costs.
The court did not err in determining that the plaintiff's claim was barred by his failure to serve upon the defendant a timely and proper notice of claim pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 514 (1), (2), and (5) (see, Zoll v. Suffolk Regional Off-Track Betting Corp., 259 A.D.2d 696 [decided herewith]; Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539; Matter of Cardia-Zalaman v. Board of Educ., 233 A.D.2d 391; G.A. Contrs. v. Board of Educ., 176 A.D.2d 856).
Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.