FUNT v. HUMAN RESOURCES ADMINISTRATION OF THE CITY OF NEW YORK

1711, 124501/01

68 A.D.3d 490 (2009)

2009 NY Slip Op 9143

890 N.Y.S.2d 55

SKIP FUNT, Appellant, v. HUMAN RESOURCES ADMINISTRATION OF THE CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2009.


Dismissal of this pro se action alleging negligent failure to provide assistance to avert eviction was proper as the Human Resources Administration was not a proper party (see NY City Charter § 396; Siino v Department of Educ. of City of N.Y., 44 A.D.3d 568 [2007]), the notice of claim was not served within 90 days after plaintiff's claim arose (General Municipal Law § 50-e [1] [a]), i.e., the date of plaintiff's...

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