WARREN v. BALDWIN UNION FREE SCHOOL DIST

ORDERED that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint on the ground that the plaintiff failed to timely serve a notice of claim (see, Mills v. County of Monroe, 59 N.Y.2d 307, cert denied 464 U.S. 1018; Hibbert v. Suffolk County Dept. of Probation, 267 A.D.2d 205). Moreover, the plaintiff's cross motion for leave to serve a late notice of claim was made more than one year and 90 days after the accrual date of the claim (see, General Municipal Law §§ 50-e, 50-i). Therefore, the Supreme Court did not have authority to grant the cross motion (see, General Municipal Law § 50-e; Hibbert v. Suffolk County Dept. of Probation, supra; Matter of Turner v. New York City Hous. Auth., 243 A.D.2d 636; Carr v. City of New York, 176 A.D.2d 779).