MATTER OF STEWARD v. CITY OF NEW YORK

2022-02283, Index No. 522710/21.

2024 NY Slip Op 02058

IN THE MATTER OF SHARTISIA STEWARD, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided April 17, 2024.


Attorney(s) appearing for the Case

Decolator, Cohen & DiPrisco, LLP, Garden City, NY ( Carolyn M. Canzoneri of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Claude S. Platton and Eva L. Jerome of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Paul Wooten, Lillian Wan, Laurence L. Love, JJ.


DECISION & ORDER

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Gina Abadi, J.), dated March 4, 2022. The order denied the petition and, in effect, dismissed the proceeding.

ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is granted.

On February 8...

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