Matter of Duncan v City of New York, 2016 NY Slip Op 07955 [144 AD3d 1030]

November 23, 2016

Appellate Division, Second Department

[*1]

In the Matter of Rodney Duncan, Also Known as Rodney King, Respondent,

v

City of New York, Appellant.

Zachary W. Carter, Corporation Counsel, New York, NY (Pamela Seider Dolgow and Victoria Scalzo of counsel), for appellant.

James Greenberg, P.C. (Burns & Harris, New York, NY [Blake G. Goldfarb, Alison R. Keenan, and Judith F. Stempler], of counsel), for respondent.

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the City of New York appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated October 15, 2014, which granted the petition.

Ordered that the order is affirmed, with costs.

Under the particular facts of this case, the Supreme Court properly granted the instant petition. Eng, P.J., Austin, Roman and Cohen, JJ., concur..