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MATTER OF MITCHELL v. CITY OF NEW YORK

2010-00358.

77 A.D.3d 754 (2010)

908 N.Y.S.2d 603

In the Matter of ADHIAMBO A. MITCHELL, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided October 12, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petition for leave to serve a late notice of claim under the relevant facts and circumstances of this case. Initially, the petitioner failed to demonstrate a reasonable excuse for not serving a timely notice of claim. Furthermore, he failed to establish that the respondent received actual timely notice of the essential facts constituting his claim...

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