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MATTER OF CHARLES v. CITY OF NEW YORK

2008-09533.

67 A.D.3d 793 (2009)

887 N.Y.S.2d 854

2009 NY Slip Op 08223

In the Matter of STEPHEN CHARLES, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided November 10, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the petition which was for leave to serve a late notice of claim upon the City of New York and the New York City Police Department (hereinafter together the City) after considering all of the relevant circumstances (see General Municipal Law § 50-e [5]). Initially, the petitioner failed to demonstrate a reasonable excuse for...

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