IN RE: Binta F. JALLOH (1998)

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5), the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated October 24, 1997, which denied the application.

ORDERED that the order is affirmed, with costs.

The petitioner's alleged accident occurred on September 19, 1991.   The petitioner's application to serve a late notice of claim against the correct entity, the New York City Transit Authority, was made approximately four and one-half years after the applicable Statute of Limitations of one year and 90 days expired on December 19, 1992.   Accordingly, the Supreme Court was without the authority to permit late service of the notice of claim (see, General Municipal Law § 50-e[5];  Pierson v. City of New York, 56 N.Y.2d 950, 453 N.Y.S.2d 615, 439 N.E.2d 331;  Matter of Turner v. New York City Hous. Auth., 243 A.D.2d 636, 663 N.Y.S.2d 254;  Armstrong v. New York Convention Ctr. Operating Corp., 203 A.D.2d 170, 610 N.Y.S.2d 267;  see also, Omni Group Farms v. County of Cayuga, 178 A.D.2d 977, 578 N.Y.S.2d 737).

MEMORANDUM BY THE COURT.