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MATTER OF SIEWNIAK v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Feb 5, 2001
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DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the application is denied as against the New York City Housing Authority.

The Supreme Court erred in granting the petitioner's application for leave to serve a late notice of claim as against the appellant, as he failed to proffer an adequate explanation for his delay in filing the application, and the appellant did not have actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter (see, Fee v. County of Nassau, 269 A.D.2d 489; Gilliam v. City of New York, 250 A.D.2d 680; Matter of Galluccio v. City of New York, 247 A.D.2d 473).