Smith v. Motor Vehicle Accident Indemy

Full title: IN THE MATTER OF CURTIS SMITH, respondent, v. MOTOR VEHICLE ACCIDENT…

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

Date published: Nov 25, 2002

299 A.D.2d 554 (N.Y. App. Div. 2002)

750 N.Y.S.2d 520

Opinion

2002-00456

Submitted October 30, 2002.

November 25, 2002.

In a proceeding pursuant to Insurance Law § 5208, inter alia, for leave to file a notice of intention to file a claim nunc pro tunc, the appeal is from an order of the Supreme Court, Kings County (Clemente, J.), dated November 16, 2001, which granted the petition.

James F. Carroll, Suffern, N.Y., for appellant.

Rosemarie Arnold, New York, N.Y. (Steven I. Byoun of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.

DECISION ORDER

BARRY A. COZIER, J. ORDERED that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion in granting leave to the petitioner to file a notice of intention to file a claim with the Motor Vehicle Accident Indemnification Corporation nunc pro tunc (see Insurance Law § 5208[b]; Matter of Lloyd v. Motor Vehicle Acc. Ind. Corp., 23 N.Y.2d 478, 482).

In light of our determination, we need not reach the appellant's remaining contentions.

FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.