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MATTER OF JOY v. COUNTY OF SUFFOLK

2010-12027.

89 A.D.3d 1025 (2011)

933 N.Y.S.2d 369

2011 NY Slip Op 8593

In the Matter of ELISCA N. JOY, Appellant, v. COUNTY OF SUFFOLK et al., Respondent.

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

Decided November 22, 2011.

Ordered that the order is reversed, on the law, with one bill of costs, and the petition is granted.

A proceeding for leave to serve a late notice of claim upon a municipality must be commenced within one year and 90 days after the happening of the event upon which the claim is based (see General Municipal Law § 50-i [1]). The petitioner timely commenced this proceeding on August 23, 2010, a date within one year and 90 days after the date of the subject...

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