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IN THE MATTER OF KENNETH CARTER, ET AL., petitioners-respondents, v. CITY OF NEW YORK, Respondent, NEW YORK CITY TRANSIT AUTHORITY, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the petition for leave to serve a late notice of claim ( see General Municipal Law § 50-e(5); Matter of Dubowy v. City of New York, 305 A.D.2d 320; Matter of Affleck v. County of Nassau, 240 A.D.2d 569; Rosenblatt v. City of New York, 160 A.D.2d 927).

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.

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IN THE MATTER OF CARTER v. CITY OF NEW YORK
(Mar 8, 2004)