MATTER OF ROYES v. CITY OF NEW YORK

2014-09093, Index No. 26008/11.

136 A.D.3d 1042 (2016)

25 N.Y.S.3d 368

2016 NY Slip Op 01332

In the Matter of GAVASKA ROYES, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 24, 2016.


In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim or, in the alternative, to deem a proposed notice of claim timely served nunc pro tunc, the petitioner appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated June 24, 2013, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is modified, on the law and in the exercise of discretion, (1) by deleting...

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