Recitation per CPLR §§ 2219(a) and/or 3212(b) of papers considered on review of this motion:

Upon the foregoing cited papers and oral argument on July 9, 2024, Petitioner's Motion for Leave to Serve Late Notice of Claim ("NOC") upon Respondent The City of New York ("City") is DENIED.

Whether to accept a late NOC is within the sole discretion of the Court. Such decision requires the Court to consider several factors, including whether the movant has a reasonable excuse for the delay, whether the municipality acquired actual notice of the essential facts of the claim within the 90-day statutory period or within a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in its defense. See, e.g., Matter of Salazar v. City of New York, 212 AD3d 633, 634 (2nd Dep't 2023); Matter of Rios v. County of Nassau, 212 AD3d 631, 632 (2nd Dep't 2023); Matter of Lang v. County of Nassau, 210 AD3d 773, 774 (2nd Dep't 2022).

Petitioner brings this action following her multiple arrests between November 2022 and March 2023 ^[FN1] . On March 12, 2024, Petitioner filed an Order to Show Cause ("OSC") seeking to file a late NOC, which was 224 days past the statutory deadline. Respondent asserts that giving Petitioner leave to file a late NOC will result in prejudice to the City.

During oral argument, Petitioner provided additional documentation to support her emergency application related to arrests in New York County on March 8, 2023 ^[FN2] , in Queens County on March 9, 2023 ^[FN3] , November 13, 2022 ^[FN4] , November 25, 2022 ^[FN5] and December 8, 2022 ^[FN6] , and in Kings County on December 7, 2022 ^[FN7] . A Notice of Claim was not filed regarding any of these arrests before the 90-day statutory deadline.

Petitioner failed to demonstrate a reasonable excuse for the untimely filing of the NOC. Petitioner provided documentation of her arrests in the counties of Kings, New York and Queens. Petitioner was arrested in Kings County on December 7, 2022 and the case was dismissed May 3, 2023 and sealed July 24, 2023 ^[FN8] . In New York County, Petitioner was arrested [*2]twice on March 8, 2023 and both cases were dismissed June 28, 2023 and sealed August 18, 2023 ^[FN9] . In Queens County Petitioner was arrested November 13, 2022 and Petitioner pled guilty to Disorderly Conduct (Penal Law § 240.20) September 7, 2023 ^[FN10] . Petitioner was also arrested in Queens County November 25, 2022 and the case was dismissed following an Adjournment in Contemplation of Dismissal ("ACD") issued September 7, 2023 and sealed on March 19, 2024 ^[FN11] . Petitioner was arrested again in Queens County December 8, 2022 and the case was dismissed following another ACD issued September 7, 2023 and sealed March 19, 2024 ^[FN12] . Petitioner's final arrest in Queens County was March 9, 2023 and that case was dismissed following an ACD issued September 7, 2023 and sealed March 19, 2024 ^[FN13] . Petitioner also provided health records and photographs related to a pregnancy ^[FN14] as well as copies of Domestic Incident Reports ("DIR") related to Petitioner's interactions with non-parties Joseph Caputo and Stefan Kefgen ^[FN15] . The incidents Petitioner described to the Court fail to provide a reasonable excuse for the delayed filing of a NOC. Therefore the application is denied.

Petitioner argues that the NOC was timely filed. The Court disagrees as Petitioner failed to present evidence to support this portion of her claim. Petitioner provided a claim number handwritten on some of the documents she submitted to the Court ^[FN16] , but she failed to provide documentation of actual service ^[FN17] . The Personal Injury Claim Form Petitioner submitted ^[FN18] was insufficient to serve as proof of timely filing the NOC. Finally, Respondent would be substantially prejudiced by such extensive delay, including the City's inability to fully investigate the claims alleged. Consequently, the application for leave to file late NOC is denied.

This constitutes the Decision and Order of the Court.