Hayon v Board of Elections in the City of New York

[*1] Hayon v Board of Elections in the City of New York 2015 NY Slip Op 51899(U) Decided on December 18, 2015 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 18, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : SOLOMON, J.P., WESTON and ELLIOT, JJ.
2014-971 K C

Joseph Hayon, Appellant,

against

Board of Elections in the City of New York, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Nancy M. Bannon, J.), entered March 17, 2011. The order granted defendant's cross motion to dismiss the action.

ORDERED that the order is affirmed, without costs.

Plaintiff commenced this small claims action against defendant Board of Elections of the City of New York to recover the principal sum of $54.40, representing the costs he had incurred in attempting to cure a defect in an election petition that he had filed with defendant. These costs included photocopies at $.25 per page and binding materials. Plaintiff moved for summary judgment and defendant cross-moved to dismiss the action on the ground, among others, that plaintiff had failed to timely file a notice of claim. The Civil Court denied plaintiff's motion and, in a separate order entered March 17, 2011, granted defendant's cross motion. Plaintiff appeals from the latter order.

Upon a review of the record, we agree with the Civil Court that a timely notice of claim had not been filed (see General Municipal Law § 50-e). We reach no other issue.

Accordingly, the order granting defendant's cross motion to dismiss the action is affirmed.

Solomon, J.P., Weston and Elliot, JJ., concur.

Decision Date: December 18, 2015