Matter of Rudisel v. City of New York

Full title: In the Matter of SHAMAE RUDISEL et al., Appellants, v. CITY OF NEW YORK et…

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

Date published: Jul 31, 1995

217 A.D.2d 702 (N.Y. App. Div. 1995)

630 N.Y.S.2d 259

Opinion

July 31, 1995

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

Ordered that the order is affirmed, with costs.

The question of whether to grant an application for leave to serve a late notice of claim is left to the sound discretion of the court (see, Ortega v. New York City Hous. Auth., 167 A.D.2d 337). Here, the Supreme Court did not improvidently exercise its discretion in denying the petitioners' application. The petitioners failed to present an adequate excuse for their seven-month delay in moving for leave to serve a late notice of claim. Moreover, that delay would substantially prejudice the municipality in maintaining its defense on the merits (see, Carbone v. Town of Brookhaven, 176 A.D.2d 778). Rosenblatt, J.P., Copertino, Hart and Friedmann, JJ., concur.