Legal Opinion

Valestil v. City of New York

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

Decided June 24, 2002PublishedCited by 17 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 petitioner appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated February I, 2001, which denied his application.

Ordered that the order is affirmed, with costs.

It is well settled that the determination as to whether to grant leave to serve a late notice of claim lies within the sound discretion of the Supreme Court (see generally Matter of Chmielewski v City of New York, 61 NY2d 1010; see also Matter of Luciano v Gallagher, 290 AD2d 557; Matter of Gruber v City…

2Cases cited10 opinions

  1. Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Deegan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  3. Kittredge v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Pollicino v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  5. Konstantinides v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by17 opinions

  1. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Dubowy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Lodati v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Porcaro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  5. Gobardhan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009

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