Matter of Jones v. City of New York

Full title: In the Matter of DELAWARE JONES, Respondent, v. CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1968

30 A.D.2d 938 (N.Y. App. Div. 1968)

Opinion

October 1, 1968

Order entered August 10, 1967, herein appealed from, unanimously reversed on the law, the facts and in the exercise of discretion, and the application is denied, without costs to either party. Claimant has failed to establish any basis within the statutory provision (General Municipal Law § 50-e, subd. 5) which permits judicial intervention. Even if we assume a disability, which is not supported by the record, claimant has failed to show that he made application for the relief sought within a reasonable time after termination of the disability ( Matter of Smith v. New York City Tr. Auth., 18 A.D.2d 10; Matter of Brown v. New York City Housing Auth., 12 A.D.2d 590).

Concur — Botein, P.J., Stevens, Eager, Tilzer and Rabin, JJ.