The motion court correctly determined that the relief ostensibly requested was unnecessary since plaintiff had, in fact, filed a timely notice of claim in this matter. What plaintiff, never having commenced his action within the statutorily prescribed period, evidently intended to request was permission to file a late summons and complaint. That relief, however, is barred by General Municipal Law § 50-i (1) (see, Matter of Meletiche v City of New York,
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ALMONTE v. DEPARTMENT OF CORRECTION OF THE CITY OF NEW YORK
269 A.D.2d 327 (2000)
703 N.Y.S.2d 721
JOSE ALMONTE, Appellant, v. DEPARTMENT OF CORRECTION OF THE CITY OF NEW YORK et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 29, 2000.
Decided February 29, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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