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MATTER OF CLARK v. CITY OF NEW YORK

2015-03880, Index No. 508458/14.

139 A.D.3d 849 (2016)

31 N.Y.S.3d 178

2016 NY Slip Op 03735

In the Matter of ROBERT W. CLARK, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 11, 2016.

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 or to deem a late notice of claim timely served nunc pro tunc and, in effect, dismissing the proceeding. The petitioner did not proffer any excuse for the delay of more than eight months in serving a notice of claim and in commencing this proceeding (see Matter of Anderson v New York City Dept....

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