Garvin v New York City Hous. Auth.

Garvin v New York City Hous. Auth. 2007 NY Slip Op 09706 [46 AD3d 308] December 11, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Mattie Garvin, Appellant,
v
New York City Housing Authority, Respondent.

—[*1] Susan R. Nudelman, Mineola, for appellant.

Cullen & Dykman, LLP, Brooklyn (Joseph Miller of counsel), for respondent.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 31, 2006, which denied plaintiff's motion to compel depositions and granted defendant's cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court granted plaintiff a 30-day extension of time, in October 2004, to file a late notice of claim, but she never availed herself of that opportunity. Since more than a year and 90 days elapsed from the occurrence upon which plaintiff's personal injury lawsuit is based, the motion court was without authority to correct her second omission (see General Municipal Law § 50-e [5]; Public Housing Law § 157 [2]; Hall v City of New York, 1 AD3d 254 [2003]).

We have considered plaintiff's remaining arguments and find them without merit. Concur—Marlow, J.P., Nardelli, Williams and McGuire, JJ.