| Matter of Charles v City of New York |
| 2009 NY Slip Op 08223 [67 AD3d 793] |
| November 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of Stephen Charles, Appellant, v City ofNew York et al., Respondents, et al., Defendants. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Alan G. Krams of counsel;Hanna Baek on the brief), for respondents.
In a proceeding, inter alia, for leave to serve a late notice of claim pursuant to GeneralMunicipal Law § 50-e (5), the petitioner appeals from an order of the Supreme Court,Kings County (Miller, J.), dated August 13, 2008, which denied that branch of his petition whichwas for leave to serve a late notice of claim upon the City of New York and the New York CityPolice Department.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the petitionwhich was for leave to serve a late notice of claim upon the City of New York and the New YorkCity Police Department (hereinafter together the City) after considering all of the relevantcircumstances (see General Municipal Law § 50-e [5]). Initially, the petitionerfailed to demonstrate a reasonable excuse for not serving a timely notice of claim (see Matter of Korman v Bellmore Pub.Schools, 62 AD3d 882, 883 [2009]; Matter of Portnov v City of Glen Cove, 50 AD3d 1041, 1042-1043[2008]). Moreover, he failed to establish that the City acquired actual knowledge of the essentialfacts underlying his claims within 90 days [*2]or a reasonabletime thereafter. The police department and correctional facility records identified by thepetitioner do not link the petitioner's injuries with any wrongdoing on the part of the City (see Williams v Nassau County Med. Ctr.,6 NY3d 531, 536 [2006]; Matter of Portnov v City of Glen Cove, 50 AD3d at1042; Matter of Felice v Eastport/SouthManor Cent. School Dist., 50 AD3d 138, 155 [2008]). Finally, the petitioner failed toestablish that the delay in serving a notice of claim will not substantially prejudice the City(see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 152-153;Bridgeview at Babylon CoveHomeowners Assn., Inc. v Incorporated Vil. of Babylon, 41 AD3d 404, 406 [2007]).
The petitioner's remaining contention is without merit. Covello, J.P., Santucci, Chambersand Lott, JJ., concur. [See 20 Misc 3d 1133(A), 2008 NY Slip Op 51719(U).]