Matter of Roman v. City of New York

Full title: In the Matter of JAMES ROMAN, Appellant, v. CITY OF NEW YORK et al.…

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

Date published: Oct 5, 1998

254 A.D.2d 292 (N.Y. App. Div. 1998)

678 N.Y.S.2d 274

Opinion

October 5, 1998

Appeal from the Supreme Court, Kings County (R. Goldberg, J.).

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the denial of leave to serve a late notice of claim was a proper exercise of discretion ( see, Shapiro v. Town of Clarkstown, 238 A.D.2d 498). The record indicates that the respondents had no prior knowledge of many of the claims interposed. Moreover, the petitioner's excuses for failing to serve a timely notice of claim were supported only by conclusory allegations ( see, Matter of Finneran v. City of New York, 228 A.D.2d 596).

Copertino, J. P., Santucci, Goldstein and Luciano, JJ., concur.