Legal Opinion

Galluccio v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 1998PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated September 27, 1996, which denied the application.

Ordered that the order is affirmed, with costs.

It is well settled that the determination of whether to grant an application for leave to serve a late notice of claim is left to the sound discretion of the court (see, Matter of Rudisel v City of New York, 217 AD2d 702; Matter of Farrell v City of New York, 191 AD2d 698; Ortega v New York City Hous.…

2Cases cited5 opinions

  1. Farrell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  2. Carbone v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1991
  3. Ortega v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  4. Rudisel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  5. Bischert v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Fee v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2000
  2. Siewniak v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001

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