Ordered that the order is affirmed, without costs or disbursements.
It is well established that an application to serve a late notice of claim must be made, with certain exceptions not applicable here, within one year and 90 days after the date of the occurrence (see, Silbernagel v City of New York, 57 N.Y.2d 691). Under this standard, the petitioner's application, which was brought in February 1985, is untimely and is not deemed to relate back to the prior motion (see, Thomas v City of New York, 102 A.D.2d 867). Moreover, based on the facts of this case, we conclude that the doctrine of equitable estoppel should not be applied to preclude the respondents from asserting the Statute of Limitations as an affirmative defense (see, Di Geloromo v Metropolitan Suburban Bus Auth., 116 A.D.2d 691). Brown, J.P., Weinstein, Lawrence and Kooper, JJ., concur.