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MATTER DELAWARE JONES v. CITY NEW YORK (10/01/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


October 1, 1968

IN THE MATTER OF DELAWARE JONES, RESPONDENT,
v.
CITY OF NEW YORK, APPELLANT

Concur -- Botein, P. J., Stevens, Eager, Tilzer and Rabin, JJ.

Claimant has failed to establish any basis within the statutory provision (General Municipal Law ยง 50-e, subd. 5) which permits judicial intervention. Even if we assume a disability, which is not supported by the record, claimant has failed to show that he made application for the relief sought within a reasonable time after termination of the disability(Matter of Smith v. New York City Tr. Auth., 18 A.D.2d 10; Matter of Brown v. New York City Housing Auth., 12 A.D.2d 590).

Disposition

Order entered August 10, 1967, herein appealed from, unanimously reversed on the law, the facts and in the exercise of discretion, and the application is denied, without costs to either party.

19681001

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