Hernandez v. City of New York

Order, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered on November 18, 1991, which denied petitioners’ application for leave to file a late notice of claim, unanimously affirmed, without costs.

Petitioner, a firearms instructor at the police firing range, claims to have suffered ear damage as a result of his duties. The IAS court did not abuse its discretion in denying petitioner leave to file a late notice of claim, since "the facts upon which [respondent’s] liability is predicated are not discernable” from the line-of-duty report, aided card, and witness statements submitted by petitioner (Matter of McLoughlin v City of New York, 178 AD2d 193 , 194). Further, there is no basis for disturbing the court’s finding that petitioner’s excuse for failure to timely file his claim is unsatisfactory (see, Chattergoon v New York City Hous. Auth., 161 AD2d 141 , 142, affd 78 NY2d 958 ), particularly since tests performed within a week of the alleged injury revealed a hearing loss to petition