MATTER OF STOWE v. CITY OF ELMIRA, 31 N.Y.2d 814 (1972)

291 N.E.2d 586, 339 N.Y.S.2d 463

In the Matter of JACKIE H. STOWE, Appellant, v. CITY OF ELMIRA et al., Respondents.

Court of Appeals of the State of New York.Argued October 30, 1972
Decided November 29, 1972

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD E. SIMPSON, J.

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Carl T. Hayden for appellant.

D. Bruce Crew, III for respondents.

Order affirmed, without costs, in the following memorandum: The Court of Appeals will not review the Appellate Division’s exercise of sound discretion to grant or deny an application to file a late notice of claim under section 50-e of the General Municipal Law (see Matter of Murray v. City of New York, 30 N.Y.2d 113; Matter of Biberias v. New York City Tr. Auth., 27 N.Y.2d 890).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

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