Matter of Public Adm'r of Queens County v Motor Veh. Acc. Indem. Corp.

Matter of Public Adm'r of Queens County v Motor Veh. Acc. Indem. Corp. 2013 NY Slip Op 07977 Decided on November 27, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 27, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
2012-08142
(Index No. 27049/11)

[*1]In the Matter of Public Administrator of Queens County, etc., respondent,

v

Motor Vehicle Accident Indemnification Corporation, appellant.




Cruz & Gangi and Associates (Kornfeld, Rew, Newman &
Simeone, Suffern, N.Y. [Scott A. Dow], of counsel), for appellant.
Renfroe & Quinn, Forest Hills, N.Y. (John E. Quinn of
counsel), for respondent.


DECISION & ORDER

In a proceeding, inter alia, pursuant to Insurance Law § 5218 for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the appeal is from an order of the Supreme Court, Queens County (J. Golia, J.), entered July 11, 2012, which granted the petition.

ORDERED that the order is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court properly exercised its discretion in granting leave to the petitioner to file a notice of intention to file a claim with the Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC) nunc pro tunc (see Insurance Law § 5208[b]; Matter of Lloyd [Motor Veh. Acc. Indem. Corp.], 23 NY2d 478, 482; Matter of Smith v Motor Veh. Acc. Indem. Corp., 299 AD2d 554 ), and properly granted leave to the petitioner to commence an action against MVAIC (see Insurance Law § 5218[b][5]).
RIVERA, J.P., ANGIOLILLO, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court