ROGOZINSKI v. PETRONIO


284 A.D.2d 992 (2001)

726 N.Y.S.2d 886

RICHARD ROGOZINSKI, Respondent, v. THOMAS L. PETRONIO et al., Defendants and COUNTY OF ONEIDA, Appellant. (Appeal No. 1.)

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

Decided June 8, 2001.


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiff's motion seeking leave to serve a late notice of claim against the County of Oneida (County). Because plaintiff's motion was filed after expiration of "the time limited for the commencement of an action * * * against [a] public corporation" (General Municipal Law § 50-e [5]), the court lacked jurisdiction to grant the motion unless...

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