ABASCAL v. CITY OF NEW YORK

3706, 401171/06.

78 A.D.3d 582 (2010)

910 N.Y.S.2d 902

ISIDRO ABASCAL, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided November 30, 2010.


The gravamen of plaintiff's complaint is that he was repeatedly denied parole on the basis of faulty information, eventually corrected by the Department of Probation, in his presentence report. Dating accrual of his claim from the last date on which plaintiff's application for parole or work release was denied, the court correctly found that plaintiff failed to file a notice of claim within the 90-day time limit imposed by General Municipal Law § 50-e; nor did plaintiff...

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