Shane v. Central New York Regional Transportation Authority

Carni and Lindley, JJ.

(dissenting). We respectfully dissent and therefore would affirm the order denying plaintiffs application for leave to serve a late notice of claim. Supreme Court is “ ‘vested with broad discretion to grant or deny [an] application’ ” for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) (Matter of Hall v Madison-Oneida County Bd. of Coop. Educ. Servs., 66 AD3d 1434, 1435 [2009]; see Carpenter v NY Adoance Elec., Inc., 77 AD3d 1344, 1345 [2010]) and, absent a clear abuse of discretion, the court’s determination should not be disturbed…