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MATTER OF ALIBERTI v. CITY OF YONKERS

302 A.D.2d 456 (2003)

755 N.Y.S.2d 406

In the Matter of ANTONIO ALIBERTI, Appellant, v. CITY OF YONKERS et al., Respondents.

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

Decided February 10, 2003.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court providently exercised its discretion in denying the petitioner's application for leave to serve a late notice of claim upon the respondents. The petitioner did not offer a valid excuse for failure to timely serve a notice of claim. The record contains only the bare assertion of counsel that the petitioner's foot injury contributed to the 15-month delay (see Matter of Caruso v County of...

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