Matter of Kenneth Carter v City of New York

Matter of Carter v City of New York 2004 NY Slip Op 01579 [5 AD3d 480] March 8, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

In the Matter of Kenneth Carter et al., Respondents,
v
City of New York, Respondent, and New York City Transit Authority, Appellant.

—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e, the New York City Transit Authority appeals from an order of the Supreme Court, Richmond County (Mega, J.), dated December 17, 2002, which granted the application.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the petition for leave to serve a late notice of claim (see General Municipal Law § 50-e [5]; Matter of Dubowy v City of New York, 305 AD2d 320 [2003]; Matter of Affleck v County of Nassau, 240 AD2d 569 [1997]; Rosenblatt v City of New York, 160 AD2d 927 [1990]). Krausman, J.P., Schmidt, Cozier and Mastro, JJ., concur.