Majority
p. 492In the Matter of Salvatore Polizzi, Appellant, v City of New York et al., Respondents. [643 NYS2d 357]
In a proceeding
p. 493
pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated December 12, 1994, which denied his application for leave to serve a late notice of claim.
Ordered that the order is affirmed, with costs.
The court did not act improvidently in denying the petitioner’s application for leave to serve a late notice of claim. The petitioner’s lengthy, largely unexplained delay, in commencing this proceeding for leave to serve a late notice of claim warrants denial of the application (see, Matter of Kyser v New York City Hous. Auth., 178 AD2d 601 ; Matter of Stenowich v Colonie Indus. Dev. Agency, 151 AD2d 894 ). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.
Cases cited
- Kyser v. New York City Housing Authority 178 AD2d 601 p. 493
- Stenowich v. Colonie Industrial Development Agency 151 AD2d 894 p. 493