Singletary v. City of New York

—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Kings County (R. Goldberg, J.), *547dated December 22, 1995, which granted the petitioner’s application.

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court improvidently exercised its discretion in granting the petitioner’s application for leave to serve a late notice of claim. The petitioner did not move for leave to serve a late notice of claim…