MATTER OF MONTANEZ v. CITY OF NEW YORK

The court properly found that counsel's failure was not a satisfactory excuse "for the filing of a notice of claim more than nine months after the alleged incident". (See, Zarrello v City of New York, 93 A.D.2d 886 [2d Dept], affd 61 N.Y.2d 628.)

We also agree that petitioner's broken leg was not an incapacitation preventing the filing of a claim.

Further, we find that none of the other factors contained in section 50-e Gen. Mun. of the General Municipal Law which justify an extension of time is present in the instant case.

Concur — Murphy, P.J., Ross, Ellerin, Smith and Rubin, JJ.