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PARVIN A. ISLAM, pet-ap, v. THE CITY OF NEW YORK, res-res

11064. PARVIN A. ISLAM, pet-ap, v. THE CITY OF NEW YORK, res-res — Law Office of Stuart N. Babich, P.C., Jackson Heights (David Stein of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Fay NG of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Joan B. Lobis, J.), entered July 5, 2012, which denied petitioner's motion to renew his motion for leave to file a late notice of claim, granted respondent's cross motion to dismiss the proceeding, and dismissed the petition, unanimously affirmed, without costs.

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11064. PARVIN A. ISLAM, pet-ap, v. THE CITY OF NEW YORK, res-res — Law Office of Stuart N. Babich, P.C., Jackson Heights (David Stein of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Fay NG of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Joan B. Lobis, J.), entered July 5, 2012, which denied petitioner’s motion to renew his motion for leave to file a late notice of claim, granted respondent’s cross motion to dismiss the proceeding, and dismissed the petition, unanimously affirmed, without costs.

The motion court properly held that it lacked the discretion to deem the late notice of claim timely filed because the statute of limitations for petitioner’s negligence claim had already expired (General Municipal Law §50-e[5]; Pierson v. City of New York, 56 NY2d 950, 954-955 [1982]; Harper v. City of New York, 92 AD3d 505 [1st Dept 2012]).

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