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MATTER OF LAMPER v. CITY OF NEW YORK

215 A.D.2d 484 (1995)

626 N.Y.S.2d 253

In the Matter of Semion Lamper, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 8, 1995

Ordered that the order is affirmed, with costs.

The court properly exercised its discretion in denying the petitioner's application for leave to serve a late notice of claim as the petitioner failed to provide a valid excuse for the delay (see, General Municipal Law § 50-e [5]). The petitioner's assertion that he lacked fluency in the English language is an unacceptable excuse for failure to timely serve a notice of claim (see, Matter of Tricomi...

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