Opinion
01-26-2017
In re Makeba CARPENTER, Petitioner–Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Defendant–Respondent, New York City Police Department, et al., Defendants.
Makeba Carpenter, appellant pro se. Ledy–Gurren, Bass, D'Avanzo & Siff, LLP, New York (Deborah Bass of counsel), for respondent.
Makeba Carpenter, appellant pro se.
Ledy–Gurren, Bass, D'Avanzo & Siff, LLP, New York (Deborah Bass of counsel), for respondent.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered July 8, 2015, which granted defendants-respondents' motions to dismiss the complaint against the New York Police Department (NYPD), "Human Resources" and the New York City Housing Authority (NYCHA), unanimously affirmed, without costs.
The court properly dismissed the complaint against NYCHA for plaintiff's failure to file a timely notice of claim or to seek leave to file a late notice of claim within the applicable 1–year–and–90–day limitation period (see Public Housing Law § 157[2] ; General Municipal Law §§ 50–e[1], 50–i [1][c] ; Davidson v. Bronx Mun. Hosp., 64 N.Y.2d 59, 61–62, 484 N.Y.S.2d 533, 473 N.E.2d 761 [1984] ; Pierson v. City of New York, 56 N.Y.2d 950, 955–956, 453 N.Y.S.2d 615, 439 N.E.2d 331 [1982] ; Fornabaio v. City of New York, 41 A.D.3d 125, 837 N.Y.S.2d 88 [1st Dept.2007] ). The court also properly dismissed the complaint against NYPD and "Human Resources," as agencies of the City are not amenable to being sued (see New York City Charter, Chapter 17, § 396), and plaintiff has failed to state facts sufficient to raise a cognizable cause of action.
ACOSTA, J.P., MAZZARELLI, FEINMAN, WEBBER, JJ., concur.