LOPEZ v. LINCOLN HOSPITAL

The motion court was without discretion to permit plaintiff to file a late notice of claim since plaintiff's motion for permission to file a late notice of claim was not made (see, CPLR 2211) until more than one year and 90 days beyond the accrual of her cause of action (see, General Municipal Law § 50-e and 50-i; Pierson v. City of New York, 56 N.Y.2d 950; Abad v. New York City Health Hosp. Corp., 214 A.D.2d 342).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.