Samuels v. Motor Vehicle Accident Indemnification Corp.

In a proceeding to compel appellant to accept a late notice of claim, the appeal is from an order of the Supreme Court, Kings County, dated January 29, 1976, which granted the motion. Order reversed, on the law, without costs or disbursements, and proceeding dismissed. The accident for which petitioner seeks to make claim occurred on August 31, 1974. This proceeding was commenced on December 29, 1975, more than one year from the beginning of .the applicable period. Hence, "the court was without power to grant the relief sought” (see Matter of Walker v MVAIC, 41 AD2d 527, 528, affd 33 NY2d…