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SHAW v. CITY OF MOUNT VERNON

9 A.D.3d 423 (2004)

779 N.Y.S.2d 782

WILTON SHAW, Appellant, v. CITY OF MOUNT VERNON et al., Respondents.

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

July 19, 2004.

Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, the oral application is denied, and the complaint is reinstated.

The defendant failed to establish that the notice of claim was untimely served (see Gonzalez...

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