Tanner v. Housing Authority

—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the appeal is from an order of the Supreme Court, Kings County (G. Aronin, J.), dated June 5, 1997, which granted the application to the extent of deeming the notice of claim to have been timely served.

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

Considering all the circumstances presented, we conclude that the Supreme Court improvidently exercised its discretion in deeming the notice of claim to have…