McCray v. Motor Vehicle Accident Indemnification Corp.

Appeal from an order of the Supreme Court (Teresi, J.), entered November 29, 1995 in Albany County, which denied petitioner’s application pursuant to Insurance Law § 5208 for leave to serve a late notice of claim.

Petitioner sustained injuries when he was struck by a vehicle on July 6, 1993. Approximately 10 months later, by letter dated May 24, 1994, he wrote to the Department of Motor *949Vehicles informing it of the accident and of his intention to file a claim. Petitioner cited his incarceration in August 1993 and inability to obtain an attorney as reasons for his delay in seeking to file a…