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MATTER OF HAMILTON v. CITY OF NEW YORK

2015-05610, Index No. 500839/15.

145 A.D.3d 784 (2016)

2016 NY Slip Op 08363

43 N.Y.S.3d 131

In the Matter of JOHEEM HAMILTON, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 14, 2016.

Ordered that the order is affirmed, with costs.

On January 23, 2015, the petitioner commenced this proceeding for leave to serve a late notice of claim, alleging that he was falsely arrested and imprisoned on August 14, 2014, and that on August 19, 2014, he was released from jail after the charges against him were dismissed. In support of the petition, he contended that his delay in seeking permission to serve a late notice of claim was occasioned by a "family emergency...

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