Bennett v. Mele

—In a proceeding 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, Queens County (Kitzes, J.), dated April 23, 2001, which denied the application.

Ordered that the order is reversed, as a matter of discretion, with costs, the application is granted, and the notice of claim is deemed served.

Whether leave to serve a late notice of claim should be granted pursuant to General Municipal Law § 50-e (5) is a matter of discretion. This Court is “vested with the same power and discretion” that the Supreme…