In Matter of D. v NYC Comptroller's Office, the Appellate Division, Second Department affirmed the dismissal of a CPLR article 78 proceeding brought by petitioner G.D., who sought to compel the New York City Comptroller’s Office and other city officials to accept a late notice of claim related to alleged property damage sustained on June 17, 2022. G.D. submitted her notice nearly a year later, on June 15, 2023, naming both the Comptroller’s Office and the Dormitory Authority of the State of New York as responsible agencies. The Comptroller’s Office rejected the notice as untimely, prompting G.D. to initiate a mandamus proceeding.
The AD2 reiterated that mandamus to compel is an extraordinary remedy, available only when a petitioner seeks enforcement of a purely ministerial act that does not involve discretion or judgment, and only when a clear legal right to relief is established. In this case, G.D. attempted to use mandamus to force the Comptroller’s Office to accept her late notice of claim, but the court found this improper. Under General Municipal Law § 50-e, a late notice of claim served without prior judicial permission is considered a legal nullity. The petitioner had not obtained leave of court before serving the late notice, and thus the Comptroller’s Office was under no obligation to accept it.
The court also rejected any remaining arguments raised by G.D. as lacking merit. Ultimately, the decision underscores the strict procedural requirements governing claims against municipal entities and the limited scope of mandamus relief. Petitioners must adhere to statutory deadlines and procedural prerequisites, and courts will not compel discretionary acts or override legal nullities through extraordinary remedies.
Claims without leave ... are like emails without pressing send.
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DECISION