Tannenbaum v Town of Oyster Bay (2004 NY Slip Op 50410(U))

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Tannenbaum v Town of Oyster Bay

2004 NY Slip Op 50410(U)

Decided on February 25, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 25, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-615 N C

WALTER L. TANNENBAUM, Appellant, -

against

TOWN OF OYSTER BAY, Respondent.

Appeal by plaintiff from an order of the Small Claims Part of the District Court, Nassau County (J. Asarch, J), dated February 3, 2003, which denied his motion for permission to file a late notice of claim and dismissed his action.

Order unanimously affirmed without costs.

In this small claims action, after plaintiff commenced the instant action, he moved for leave to file a late notice of claim. Pursuant to General Municipal Law § 50-e (7), such a motion could only be made in the Supreme Court or the County Court (see General Municipal Law § 50-e [7]; see also Parastamatis v New York City Tr. Auth., NYLJ, July 25, 2002 [App Term, 2d & 11th Jud Dists]; Maiello v City of New York, 113 Misc 2d 122 [1981]). As a result, the court properly denied plaintiff's motion for leave to file a late notice of claim since it lacked authority to grant such relief.
Decision Date: February 25, 2004