Matter of Ruiz v. City of New York

Barros, J.,

dissents, and votes to reverse the order, on the facts and in the exercise of discretion, and grant the petition, with the following memorandum, in which Hinds-Radix, J., concurs: On September 10, 2014, the petitioner was arrested in Brooklyn. Thereafter, he was arraigned and detained at Rikers Island until his release from custody on September 13, 2014. On March 27, 2015, the criminal charges against him were dismissed.

On or about May 21, 2015, the petitioner commenced this proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the…