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MATTER OF GRAY v. CITY OF NEW YORK

Index No. 30216/19E. Appeal No. 16940. Case No. 2022-00453.

211 A.D.3d 577 (2022)

178 N.Y.S.3d 449

2022 NY Slip Op 07188

In the Matter of Elijah Gray, Appellant, v. City of New York et al., Respondents.

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

Decided December 20, 2022.

Attorney(s) appearing for the Case

Lebedin Kofman, LLP, New York ( Jessica M. Gorman of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Diana Lawless of counsel), for respondents.

Concur—Manzanet-Daniels, J.R. Oing, Singh, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (George J. Silver, J.), entered on or about July 22, 2021, which denied petitioner's application for leave to file a late notice of claim nunc pro tunc, unanimously affirmed, without costs.

The court providently exercised its discretion in denying petitioner leave to file a late notice of claim (see General Municipal Law § 50-e[5]). Even if petitioner's contention that his attorney needed additional time to obtain his...

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