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MATTER OF YEARUSSKAYA v. NEW YORK CITY TRANSIT AUTHORITY

279 A.D.2d 583 (2001)

719 N.Y.S.2d 282

In the Matter of YEVA YEARUSSKAYA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided January 22, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petitioner's application for leave to serve a late notice of claim, as the petitioner did not provide any reasonable excuse for failing to serve a timely notice of claim (see, General Municipal Law § 50-e [1] [a]; [5]). The petitioner failed to demonstrate that she was incapacitated to such an extent that she was unable to comply with the...

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